Court Finds Prima Facie Evidence to Proceed with Trial Against Sandip Kumar Roy for Alleged Bribery
In a significant development, the Calcutta High Court has dismissed the petition filed by Sandip Kumar Roy, a member of the West Bengal Civil Services, seeking to quash the criminal proceedings against him in a corruption case. Justice Apurba Sinha Ray, presiding over the matter, found sufficient prima facie evidence to proceed with the trial under the Prevention of Corruption Act, 1988.
Sandip Kumar Roy was accused of demanding a bribe of Rs. 1,00,000 for facilitating an excise license for a bar-cum-restaurant at Diamond Plaza, Jessore Road. The Anti-Corruption Branch (ACB) of West Bengal arrested him on November 26, 2016, following a trap operation. The prosecution alleged that Roy demanded illegal gratification for services outside his territorial jurisdiction.
The court highlighted the importance of proving both demand and acceptance of illegal gratification to establish charges under Sections 7 and 13(1)(d) of the Prevention of Corruption Act. The judgment emphasized that mere recovery of tainted money without proof of demand and acceptance is insufficient for conviction.
Despite Roy's claims that the ACB lacked jurisdiction and failed to conduct a preliminary enquiry, the court noted that trap cases involving cognizable offences do not necessitate such an enquiry. The presence of a shadow witness and forensic evidence confirming handling of tainted money were deemed sufficient for framing charges.
The judgment also addressed objections regarding the closure of the ACB office on the day of the alleged incident and the absence of direct recovery of the bribe money from Roy's possession. Justice Sinha Ray dismissed these objections, affirming the validity of the trap operation and emphasizing that police stations remain operational on weekends.
In rejecting Roy's petition, the court underscored the need for a full trial to ascertain guilt or innocence. The judgment referenced multiple Supreme Court rulings that stress the critical nature of demand in bribery cases, asserting that the prosecution has established a prima facie case warranting trial.
The decision marks a crucial step in the ongoing legal battle, reinforcing the judiciary's commitment to addressing corruption within public services. The trial will proceed in the Additional District and Sessions Judge's court, where the evidence will undergo thorough examination.
Bottom Line:
Prevention of Corruption Act - Demand and acceptance of illegal gratification must be proved beyond reasonable doubt - Mere recovery of tainted money without proof of demand and acceptance cannot lead to conviction under Sections 7, 13(1)(d) read with 13(2) of the Act.
Statutory provision(s):
Prevention of Corruption Act, 1988 Sections 7, 13(1)(d), 13(2); Criminal Procedure Code, 1973 Section 482
Sandip Kumar Roy v. State of West Bengal, (Calcutta) : Law Finder Doc id # 2867156
