SUPREME COURT
Ashok Bhushan, R. Subhash Reddy, JJ
State through CBI – Appellant
Versus
Dr. Anup Kumar Srivastava – Respondent
| Table of Content |
|---|
| 1. overview of charges and context for appeal. (Para 2 , 3) |
| 2. arguments regarding the sufficiency of evidence. (Para 6 , 7) |
| 3. legal standards for framing charges. (Para 18 , 23) |
| 4. conclusion on the appeal and order of dismissal. (Para 25 , 26) |
1. Leave granted.
3. Brief facts:
(a) At the relevant time, Dr. Anup Kumar Srivastava - respondent herein was posted as the Commissioner, Central Excise, Delhi - 1 Commissionerate. On 02/01/2012, on the basis of source information, a case under S.120 - B of the Indian Penal Code, 1860 (in short 'the IPC ') read with S.7, S.8, S.10, S.12 and S.13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 (in short 'the PC Act') was registered by the CBI, AC - 1, New Delhi being RCAC 2012 A0001 against the respondent herein along with other officials of the Central Excise Department, Delhi for obtaining illegal gratification by corrupt and illegal means owing to their alleged role in a raid in Delhi.
(b) The chargesheet dated 29/02/2012 was filed in the Court of Special Judge, Patiala House Court, New Delhi for framing of charges wherein it was alleged that on 28/12/2011, a team of officials of Central Excise, Delhi - I, lead b
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