The accused persons moved application under Section 239 of the Code of Criminal Procedure for discharge, before the learned Special Judge, Anti Corruption.
Against the said order, the accused persons moved the High Court in revision.
two lacs was recovered.
It is further alleged that Reshamwala went in the personal Fiat Car of Udai Narain, whereas the official car of Udai Narain was occupied by the other officials.
By the impugned Judgment, the High Court allowed both the revisions, filed by the accused and discharged the accused persons.
Accused Udai Narain is an officer of the Customs Department and accused Reshamwala is a private individual.
1999 Supp 4 SCR 255 The Judgment of the Court was delivered by PATTANAIK, J, Leave granted.
The Fiat Car, being driven to by Udai Narain and having Reshamwala with him was intercepted by the Police authorities and when the briefcase of said Rashamwala was opened, a sum of Rs.
177 of 1998 and Criminal Revision No.
The said learned Special Judge rejected that petition by order dated 13 May, 1998.
The Police had received an information that some illegal transaction is going to be made between Reshamwala and Udai Narain and, therefore, the D.S.P. had arranged a trap.
It is further alleged that on 8.11.93 Reshamwala arrived at Lucknow Airport by Indian Airlines Flight.
It is alleged by the prosecution that the Customs Authorities at Jaipur seized a sum of Rs.
two lacs, so that his pending case at Jaipur companyld be settled.
The State of U.P, is in appeal against the Judgment of the High Court of Allahabad, Lucknow Bench in Criminal Revision No.
225 of 1998.
The High Court by the impugned order having allowed both the revisions and having discharged the accused persons, the State has companye up in appeal.
Accused Udai Narain is the Additional Collector of Customs at Lucknow.
On these allegations, after companypletion of investigation, charge sheet was filed against both the accused persons under Sections 8, 10, 13 2 read with Section 13 I d of Prevention of Corruption Act and Section 120 B of the Indian Penal Code.
21,23,050 from said Reshamwala and on that score the matter is pending before the Collector, Customs and Central Excise.
It was the prosecution case that Udai Narain earlier had telephoned Reshamwala and told him to companye with necessary case papers and a sum of Rs.
As soon as, Reshamwala came out of the aircraft and entered the airport lobby, he was received by Udai Narain and then there was some companyversation between them which was heard by some persons in the vicinity, who have been examined by the prosecution.
