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TMI Blog2021 (2) TMI 1108X X X X Extracts X X X X X X X X Extracts X X X X ..... d 120-B IPC and Sections 7, 7(A) and 8 of the Prevention of Corruption Act, 2018 registered at Police Station Vigilance Bureau, Phase 1, Mohali. The facts are being enumerated from CRM-M No.41913 of 2020. 2. In brief the facts are that an FIR came to be registered based on the information received by the Vigilance Bureau that Som Nath owner of Sadhu Transport had been indulging in tax evasion in connivance with the officials of the Excise and Taxation Department, Punjab. It was alleged that the tax was being evaded by ensuring that there was no checking or verification of the documents or goods, while being transported to and from the State of Punjab. The goods loaded in the vehicles were brought to Punjab and sent through escape routes in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... therein regarding the demand and acceptance of any money by the petitioner. It is also argued that the call details were made available with the respondent-State as far back as 15.03.2020, however, he has been nominated as an accused under the said FIR in August, 2020. It is also argued that there is no direct evidence available with the State regarding any demand having been made by the petitioner, which could be termed as 'illegal gratification'. 4. Mr. Amit Jhanji, learned counsel appearing for the petitioner in CRM-M No.37721 of 2020 would contend that registration of the FIR itself is not sustainable, he was never posted as an ETO in the Mobile Wing at Amritsar nor has he been nominated in the said FIR. It is submitted that he has be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... la 2018 SCC Online Ker 14261. It is also argued that the judgment relied upon by the State in Devender Kumar Vs. Central Bureau of Investigation and others 2019 (1) RCR (Criminal) 791 would not be applicable in the facts and circumstances of the present case. 6. Per contra, Mr. Gaurav Dhuriwala, Sr. DAG Punjab, learned counsel appearing on behalf of the respondent-State argued that both the petitioners herein have rightly been nominated as accused in the FIR. The High Court in a similar matter bearing CRM-M No.28786 of 2020 has already dismissed the bail application of other Excise and Taxation Officers named in the FIR. It is further argued that 12 officers have been named in the FIR and though the petitioners have not been specifically n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 17A of the Prevention of Corruption Act as amended in 2018 is again not sustainable. Section 17A of the Prevention of Corruption Act is reproduced as under:- "17A. Enquiry or Inquiry or investigation of offences relatable to recommendations made or decision taken by public servant in discharge of official functions or duties:- (1) No police officer shall conduct any enquiry or inquiry or investigation into any offence alleged to have been committed by a public servant under this Act, where the alleged offence is relatable to any recommendation made or decision taken by such public servant in discharge of his official functions or duties, without the previous approval- (a) in the case of a person who is or was employed, at the time ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ttisgarh High Court in the judgment rendered in Satish PandeyVs. Union of India and others passed in REVP No.43 & 49 of 2020 on 06.02.2020 and judgment rendered by Bombay High Court in Kamlakar R. Shenoy Vs. State of Maharashtra and others passed in PIL No.28 of 2017 on 18.09.2019. Therefore, in the opinion of this Court, it would not be necessary by the respondent-State to have obtained prior approval of the State Government before initiating enquiry or investigation in the said matter. The bar to enquiry or investigation under Section 17A of the Prevention of Corruption Act is apropos such alleged offence, as may be relatable to any recommendation made or decision taken by a public servant in discharge of his official functions or duties. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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