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2017 (8) TMI 388 - SC - Indian LawsProof of accused as committed an offence - commencement of raid - satisfaction of the court in relation to the existence of constituents of an offence and the facts leading to that offence is a sine qua non for exercise of such jurisdiction - Held that:- We have no doubt to hold that in Call No. 48, the respondent herein was not at all in picture and even in Call No. 51 he was talking to Hemant Gandhi but it is not proved that they were talking about the same raid as they have used certain other cryptic codes as mentioned above which makes the Call highly improbable for connecting the respondent herein in commissioning of the offence. Even otherwise, in Call No. 51, the benefit of doubt must go to the respondent herein where the language of the call is dubious and no logical understanding of the actual conversation can be drawn. Further, in the absence of any details with regard to the amount of ‘six zero’, we are of the view that Call No. 48 categorically brings out that the respondent herein did not have any knowledge of the alleged criminal conspiracy and Call No. 51 is also unable to prove the complicity of the accused in the crime because of its out of the context conversation. In view of the above, we are of the considered opinion that Call Nos. 48 and 51, heavily relied upon by the prosecution, lack object and purpose to prove the complicity of the respondent herein in the crime. Thus vide Call Nos. 48 and 51, the prosecution is not able to prove the guilt of the respondent herein in the alleged raid. There is no material evidence on record in order to bring home the charge of conspiracy against the respondent. There is no direct or circumstantial evidence to prove that the respondent has demanded any illegal gratification and has accepted or obtained any such illegal gratification. Further, the premises that was alleged to be raided was neither a manufacturing unit nor packing or repacking activity was carried out there and hence no case of central excise could have been made out which could grant any jurisdiction to the respondent to do some favour or disfavor in the discharge of his official functions. The High Court was well within its powers while quashing the order framing charge as there was no material on record to connect the respondent with the offence in question. In view of the foregoing discussion, the appeal filed by the CBI is liable to be dismissed and is, accordingly, dismissed
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