Thane, May 30 A special CBI Court in Maharashtra's Thane district acquitted an Income-Tax officer accused of demanding a bribe of Rs 2.75 lakh from a businessman, ruling that the mere recovery of money cannot constitute an offence without proof of an illegal demand.
Special Judge D S Deshmukh on Friday acquitted Income-Tax officer Anil Ratnakar Mallel (44) of charges under the Prevention of Corruption Act, 1988, in a 2006 case.
The case against co-accused Additional Commissioner Pankaj Garg was abated following his death in 2024.
According to the prosecution, the CBI's anti-corruption branch laid a trap on December 13, 2006, following a complaint by Jaisukhlal Waghani of J.P. Electronics, who alleged officials demanded money to clear a scrutiny file.
The court noted that when the prosecution failed to establish the initial demand, the entire evidence obtained by laying a trap becomes suspect.
While audio transcripts revealed that the complainant proactively offered money rather than Mallel extorting it, witnesses also gave contradictory statements.
"The evidence of recovery of tainted amount from Mallel when evidence of the previous demand is lacking, or is not satisfactory, would be totally insufficient to hold the accused guilty for having committed an offence. In this case also evidence of illegal demand is lacking," the judge ruled.
Mallel worked in an open hall where the complainant sat next to his desk drawer, the court pointed out, noting the cash could have been planted while his back was turned.
It also cited an invalid prosecution sanction, a 17-day delay in registering the first information report (FIR), and sample tampering doubts, while acquitting the accused of all charges.
