FOR THE second day in a row, the CBI’s arrest in reference to alleged corruption at SEEPZ, the particular financial zone in Andheri, has been termed unlawful, for not following process. The central company arrested Rekha Nair, an extra improvement commissioner, and claimed that Rs 47 lakh had been discovered at her residence.
When she was produced earlier than the particular court docket on Thursday night, the particular court docket ordered her launch, observing that the CBI had not adopted process as she was not given a discover and a sanction was not taken.
On December 17, the CBI filed an FIR in opposition to two Indian Income Providers (IRS) and 7 others, claiming that they had been concerned in a prison conspiracy, taking bribes and amassing undue benefit from corporations performing at SEEPZ, for numerous causes, together with area allotment, sale of responsibility free imported items.
The CBI alleged {that a} personal individual, Manoj Joglekar, was apprehended, who knowledgeable them that Rs 60 lakh had been out there with him, collected as bribes, meant to be distributed among the many officers.
On December 18, six of the arrested accused together with the 2 IRS officers had been produced earlier than court docket. They had been ordered to be launched because the court docket famous that the arrest was not authorized, as they had been detained past 24 hours.
On Thursday, the seventh accused, Nair, was produced earlier than court docket. The CBI advised the court docket that Joglekar had mentioned that of the cash collected as bribes, Rs 2 lakh was to be given to Nair, and through her home search, incriminating materials was recovered. The CBI additionally claimed that Rs 47 lakh was recovered from her and the supply of the cash is but to be ascertained. The company sought seven day custody of Nair.
Nair’s attorneys, Rahul Agarwal and Kunal Ambulkar, argued that she was arrested across the similar time when the opposite six had been produced in court docket. They submitted that since Nair was not arrested in a lure laid out to catch her red-handed, as is finished in corruption circumstances, the company was required to provide her a discover previous to arrest and in addition a sanction is to be taken underneath the Prevention of Corruption Act.
The attorneys additionally mentioned that for the reason that CBI had already been pulled up on Wednesday for not giving grounds of arrest to the earlier accused, that they had rectified their mistake and compelled Nair to signal handwritten pages of grounds subsequent to her arrest, violating the process.
The court docket had additionally on Wednesday pulled up the company for not sustaining the case diary which has particulars of the probe within the laid down method however as a substitute bringing unfastened sheets. On Thursday, the court docket once more discovered that the case diary was not maintained as required.
Particular Decide S M Menjoge mentioned that for the reason that case was not certainly one of a lure, the CBI ought to have given a discover to the accused earlier than arresting her, terming the arrest improper. Nair was launched on a bail on furnishing a private bond.
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