The Nagpur Bench of Bombay High Court has acquitted Kumar Sanjay, a Central Railway Officer, in a bribery case registered by the Central Bureau of Investigation (CBI). The Court has highlighted serious flaws, stating that the entire prosecution suffered from major procedural defects. The Court observed that the trap and verification proceedings could not be trusted due to clear lapses in procedure and contradictions in the statements of key witnesses. Further, the High Court ruled that the sanction granted for prosecuting the accused was invalid.

 

The Court set aside the conviction and sentence awarded to him by a special court in 2016 under the Prevention of Corruption Act. Kumar Sanjay (49), was working as Office Superintendent in the Rates Section of Central Railway, Nagpur, at the time of the incident. He was accused of demanding a bribe of Rs 1 lakh from a Railway contractor, Ritesh Surana, in December 2012.

 

The contractor had received a work order worth more than Rs 3.50 crore for supplying road metal to the Railways. According to the prosecution, the accused demanded money to ensure smooth processing of the work and threatened delays if the amount was not paid. Based on the complaint, the CBI’s Anti-Corruption Branch (ACB) laid a trap at Maharajbag Club in Nagpur. The CBI claimed that the accused accepted the tainted currency notes, which were later recovered from him during the trap. Chemical tests allegedly confirmed contact with phenolphthalein powder. After trial, a special court convicted Sanjay in September 2016 and sentenced him to one year of rigorous imprisonment with a fine. Sanjay challenged this conviction before the High Court, arguing that the case was falsely fabricated.

 

His counsel pointed out major contradictions in the prosecution’s story, including inconsistencies about where and how the money was kept and recovered. It was also argued that the recorded conversations were not legally admissible, as the mandatory certificate under Section 65B of the Evidence Act was not produced. After examining the entire record, Justice Nivedita P Mehta found that the prosecution failed to prove the crucial elements of demand and acceptance of bribe beyond reasonable doubt. In view of these shortcomings, the Court allowed the criminal appeal, quashed the 2016 judgment, acquitted Kumar Sanjay of all charges. Sr Adv Avinash Gupta, Adv Aakash Gupta represented the appellant while SP P K Sathianathan appeared for CBI.