Read Full StoryAfter negotiations, the demand was subsequently reduced to Rs 40 lakh.
The CBI laid a trap and caught the private person red-handed while accepting the Rs 40 lakh bribe.
The acceptance of the bribe amount was subsequently acknowledged by CGST Superintendent Rakesh Kumar Sinha and Additional Commissioner of CGST Vinay Kumar Kanheti.
Searches conducted at the premises of the accused persons resulted in the recovery of Rs 43 lakh in cash and jewellery worth approximately Rs 90 lakh.
The defence challenged the legality of the arrests and relied upon Supreme Court judgments in Vihaan Kumar v. State of Haryana & Anr.
The Central Bureau of Investigation (CBI) has arrested an IRS officer serving as Additional Commissioner of Central Goods and Services Tax (CGST) in Maharashtra’s Raigad district, Vinay Kumar Kanheti (IRS-2009), along with CGST Superintendent Rakesh Kumar Sinha and a private person, Narinder Rajput, in a bribery case.
The CBI registered the case on August 26 against CGST Superintendent Rakesh Kumar Sinha following allegations that he had demanded an undue advantage of Rs 1.50 crore to settle a GST/royalty matter involving the complainant’s stone-quarrying firm.
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After negotiations, the demand was subsequently reduced to Rs 40 lakh. The accused public servants had arranged for the bribe to be collected through a private person and, accordingly, directed the complainant to make the payment.
The CBI laid a trap and caught the private person red-handed while accepting the Rs 40 lakh bribe. The acceptance of the bribe amount was subsequently acknowledged by CGST Superintendent Rakesh Kumar Sinha and Additional Commissioner of CGST Vinay Kumar Kanheti.
Searches conducted at the premises of the accused persons resulted in the recovery of Rs 43 lakh in cash and jewellery worth approximately Rs 90 lakh.
COURT REJECTS REMAND, HOLDS ARRESTS ILLEGAL
The Special Court at Thane, while hearing the CBI ACB Mumbai's remand application, rejected the CBI's request for further custodial interrogation and held the arrest of Vinay Kumar Kanheti, IRS officer and Additional Commissioner, CGST, accused No. 3, illegal.
The CBI had sought five days of police custody, alleging a systematic act of corruption. The defence challenged the legality of the arrests and relied upon Supreme Court judgments in Vihaan Kumar v. State of Haryana & Anr. and Mihir Rajesh Shah v. State of Maharashtra & Anr., emphasising the mandatory requirement of communicating the grounds and reasons for arrest and the duty of the Magistrate to scrutinise the legality of the arrest.
Upon examining the arrest memos and case diary, the court found that the arrest records did not establish that the accused had been properly informed of and understood the grounds and reasons for their arrest. The court further noted that the relatives of the accused had not been informed in writing and consequently held that the arrests of all three accused were not legal.
The court also found no satisfactory justification for further custodial interrogation, particularly since the alleged bribe money had already been seized and mobile phones had been recovered from the accused. The CBI's remand application was accordingly rejected.
The court directed the immediate release of all three accused, subject to a PR bond (personal recognizance bond) of Rs 15,000 each and furnishing sureties of a like amount. It also directed them to cooperate with the investigation as and when called.
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Further investigation into the case is continuing.
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