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2014 (5) TMI 1007 - DELHI HIGH COURTViolation of Section 6(A) of the DSPE Act, 1946 - offence falling under the Prevention of Corruption Act, 1988 - The allegations as set out in the FIR were that a reliable source had informed that Hemant Gandhi is having close contacts with the Petitioner, Lallan Ojha and other officials of the Central Excise for obtaining illegal gratification by corrupt and illegal means from the businessmen - Held that:- on 2nd January, 2012 transfer of bribe money had to take place though the exact time and place was not known, however it was contemplated shortly and thus the CBI was required to act with due dispatch and hence at that stage it could not have and was not required to comply with Section 6(A)(1) DSPE Act - After registration, verification may be entrusted to an officer other than who has submitted the SIR. As far as possible, the requisition of records/documents should be avoided during verification of SIRs. In case, it is absolutely necessary to do so, the requisition must go to the concerned Vigilance Officer under the signatures of the SP after obtaining permission from the DIG concerned. It must be ensured that no record/documents are requisitioned before the Competent Authority has passed orders for registration of an SIR. If a case is required to be registered under the Prevention of Corruption Act 1988 against an officer of the rank of Joint Secretary and above or a Government appointee in the Central Public Sector Undertakings, prior permission of the Government should be taken before enquiry/investigation as required under Section 6A of the DSPE Act except the case under Section 7 of the PC Act wherein the registration is followed by immediate arrest of the accused. In case, involvement of another Government servant of the above-mentioned rank(s) is revealed during the course of investigation, a fresh permission as required under Section 6A of the DSPE Act, which should be obtained at the earliest. The permission so obtained should form an integral part of the FIR or the Case Diary, as the case may be. After the registration of FIR another source information was received that the money had been transacted and Rs. 3 lakhs was delivered to the driver of Lallan Ojha. Thus immediately a raid was conducted. The two co-accused Lallan Ojha and Hemant Gandhi were arrested and their disclosure statements recorded. From the car of Lallan Ojha Rs. 2,95,000/- and other incriminating documents were recovered. Raids were conducted at the house and office of the Petitioner. All these actions of the CBI fall within the ambit of investigation not only against co-accused Lallan Ojha and Hemant Gandhi but also against the Petitioner, as in a case of conspiracy the acts of co-accused committed in furtherance of the common object are attributable to the co-accused. Thus, to state that investigation qua the Petitioner started only after his arrest would be incorrect as all the acts performed by the CBI after the registration of FIR were part of investigation qua the Petitioner as well. Since investigation had already commenced against the Petitioner, Clause (d) of Guideline 13.9 of the CBI Crime Manual has no application to the facts of the present case. - Decided against Appellant.
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