The present petitioner, who is accused No.1 in Special

C.C.No.72/2007, pending in the Court of the XLVI Additional

City Civil and Sessions Judge and Special Judge for CBI Cases,

Bangalore (CCC-47), (hereinafter for brevity referred to as

"the Special Court"), for the offences punishable under Section

120B read with Sections 420, 467, 468 and 471 of the Indian

Penal Code, 1860 (hereinafter for brevity referred to as "the

IPC") and under Section 13(2) read with Section 13(1)(d) of

the Prevention of Corruption Act, 1988, (hereinafter for brevity

referred to as "the Prevention of Corruption Act") has filed this

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revision petition, challenging the rejection of his application

filed under Section 227 of the Code of Criminal Procedure,

1973, (hereinafter for brevity referred to as "the Cr.P.C."), by

the Special Court, vide its order dated 09-11-2012.

2. The Police Inspector, CBI/SPE, Bangalore, filed

charge sheet against few accused persons including the

present petitioner (accused No.1) for the alleged offences

mentioned above.

3. The summary of the case of the prosecution before

the Special Court is that, the present petitioner, who is

accused No.1, was the Superintendent of Customs, EOU-IV A

Range, Department of Customs, Bangalore, from the date

05-06-2002 to the date 03-02-2003. The accused No.2 -

Sri. D.A. Ganesh was working under him as Inspector of

Customs from the date 01-01-2003. They had a duty and

responsibility to ensure the bonding of the imported raw

materials and examining the exports by 100% Export Oriented

4

Unit coming under their Range. Accused No.4 - M/s. Amisha

International represented by Accused No.3 - Sri.D.K. Jain,

was one of the 100% Export Oriented Units coming under the

EOU-IV Range. The accused No.4 - M/s. Amisha International

used to import Raw Mulberry Silk Yarn from China at Chennai

Sea Port, without paying customs duty. As per the EOU

Scheme, this Company had to export the imported Raw

Mulberry Silk Yarn by processing the same into finished

goods, i.e. Powder Grade Silk yarn to meet the export

obligations.

The accused No.4 - M/s. Amisha International had

imported five consignments of Mulberry Raw Silk Yarn from

China during the period from the date 21-11-2002 to

09-01-2003 through its Custom House Agent - M/s. Master

Stroke Freight Forwarders Private Limited, Chennai, at

Chennai Seaport. These imports were bonded at the premises

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of accused No.4 and the Company has to export the same by

processing into Power Grade Silk Yarn.

That on the date 23-01-2003, the accused No.3 -

Sri. D.K. Jain - the Chief Executive Officer of accused No.4,

filed

a

Shipping

Bill

No.772/2003

along

with

invoice

No.A1/05/02 and packing list for export of 110 bales of

Powder Grade Silk Yarn weighing 271 kgs. valued at

`88,46,209/- kept in the container bearing No.CLHU 262095-4

of M/s. IAL Shipping Line, before accused No.1 (petitioner

herein) at his Office for inspection and sealing.

It is the allegation of the prosecution that, accused No.1,

i.e. the present petitioner, while functioning as a public

servant, in the capacity of the Superintendent of Customs,

EOU-IV Range, Department of Customs, Bangalore, during

January-2003, entered into a criminal conspiracy with accused

No.2 - the Inspector of Customs, EOU-IV Range, Bangalore,

and accused No.3 - the Chief Executive Officer of accused No.4

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and in furtherance of the criminal conspiracy, cleared the

container No.CLHU-262095-4 containing the goods meant for

export by accused No.4, without physically verifying the same

before sealing the container, which caused wrongful loss to the

Government of India, to the tune of `26,94,251/- and

corresponding wrongful gain to themselves and thus all the

accused have committed the offences punishable under

Sections 120B read with Sections 420, 467, 468, 471 of the

IPC and Sections 13 (2) read with Section 13(1)(d) of the

Prevention of Corruption Act.

4. After investigation, charge sheet came to be filed

before the