NEW DELHI, July 11: A Delhi court has dismissed the suspended Central Excise Commissioner Anup Kumar Srivastava’s plea for transfer of the graft case against him to another court on the ground that the counsel for him earlier worked under the special judge, trying the case.
Special CBI Judge Talwant Singh dismissed Srivastava’s plea, terming it as “not maintainable” and saying that he does not have the power to transfer the case.
“The provisions for transfer of cases are contained in the chapters of CrPC. This court has no power to transfer any case pending before it.
“Application for transfer, as filed, is not maintainable and the same is hereby dismissed,” the judge said.
Srivastava is accused of taking hefty bribe from two businessmen for not taking any action against them in an excise evasion case.
He had sought the direction of Special CBI Judge Singh, who is trying his case, to transfer the case to another court on the ground that his counsel had earlier worked under him.
Special Judge also said the counsel has neither filed any affidavit in support of the application for transfer nor cited the provisions under which the plea was made.
The CBI had lodged the case against Srivastava, Central Excise Superintendent Lallan Ojha, alleged middleman Hemant Gandhi and two businessmen Dilip Aggarwal and Anand Aggarwal for their alleged roles in the corruption case.
Srivastava, Ojha and Gandhi were arrested for allegedly receiving a bribe of Rs 60 lakh from Aggarwals to shield them in an excise law violation case.
Srivastava, Ojha and Hemant Gandhi are presently lodged in Tihar Jail and the two businessmen are out on bail.
The court is currently hearing arguments on framing of charges against the accused.
The CBI had filed its charge sheet in the case on February 29, indicting Srivastava, Ojha and Gandhi, besides the two businessmen.
The CBI had registered the case under various provisions of the Prevention of Corruption Act and the Indian Penal Code.
The agency had said Gandhi was in touch with Srivastava, Ojha and others and was acting as a middleman for them to obtain the bribe from the businessmen.
It had alleged Ojha had conducted a raid along with other excise department officials at Aggarwals’ godown and conspired with Srivastava, Gandhi and others for receiving a bribe of Rs 60 lakh for not taking any action against them. (PTI)
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