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Thane Court Declares CBI Arrests in ₹1.5-Crore Bribery Case ‘Not Legal’, Orders Release of IRS Officer and Two Others

Thane, Maharashtra: A Thane court has questioned the legality of the Central Bureau of Investigation’s (CBI) arrest of a senior Indian Revenue Service (IRS) officer and two others in an alleged ₹1.5-crore bribery case, ruling that the arrests did not follow the procedure required under law.

The court, while hearing the case on Friday, refused to grant the CBI custody of the three accused and ordered their release on personal bonds of ₹15,000 each.

The accused include Vinay Kumar Kantheti, a 2009-batch IRS officer serving as Additional Commissioner of Central Goods and Services Tax (CGST) in Maharashtra’s Raigad district; Rakesh Kumar Sinha, a CGST Superintendent; and private individual Narinder Rajput.

The court’s decision came shortly after the CBI arrested the three men in connection with allegations that a bribe was sought to settle a GST and royalty-related matter involving a stone-quarrying company.

Court Raises Questions Over Arrest Procedure

The central issue before the court was not simply the bribery allegation but the manner in which the arrests were carried out.

In its order, the court observed that the arrest procedure followed by the CBI did not comply with the legal requirements. The investigating officer had submitted a case diary containing documents that, according to the court, appeared to have been loosely arranged and tied together.

In-charge Additional Sessions Judge MS Lone also examined whether the accused had been properly informed about the reasons and grounds for their arrest.

The court noted that although arrest memos had been prepared in the prescribed format, the documents appeared to have been filled out by officials without adequately establishing whether the accused had actually understood the grounds and reasons for their arrest.

The court further observed that the relatives of the accused had not been informed in writing.

Based on these shortcomings, the judge concluded that the arrests could not be considered legally valid.

CBI Seeks Custody, But Court Refuses

The CBI had brought all three accused before the court soon after their arrest and sought custodial interrogation, arguing that further questioning was necessary for the investigation.

However, the court was not convinced that police custody was required at this stage.

The judge pointed out that the alleged bribe money had already been seized by the investigating agency. The mobile phones of all three accused had also been recovered during their personal searches.

In view of these circumstances, the court said there were no satisfactory grounds to justify further custodial interrogation.

The court therefore rejected the CBI’s request for custody and ordered the three accused to be released on personal bonds of ₹15,000 each.

CBI Maintains Arrests Were Lawful

Despite the court’s ruling, the CBI has maintained that its officers followed all necessary legal procedures while making the arrests.

Sources in the agency said the CBI intends to approach the appropriate court again to seek custody of the accused as part of its investigation.

The agency has specifically maintained that the grounds for arrest were communicated to the accused and that all required legal formalities were followed.

The CBI’s position means the legal dispute over the arrests is likely to continue even as the underlying bribery investigation proceeds.

Alleged Bribe Demand Was Reduced to ₹40 Lakh

According to the CBI, the case began with allegations against CGST Superintendent Rakesh Kumar Sinha.

The agency said Sinha was accused of demanding a bribe in connection with a GST and royalty dispute involving a company engaged in stone quarrying.

The alleged demand was initially said to be ₹1.5 crore. Following negotiations, however, the amount was allegedly reduced to ₹40 lakh, according to the CBI.

Investigators further alleged that the public servants arranged for the money to be collected through a private individual.

The CBI subsequently laid a trap to catch the person allegedly collecting the bribe.

Private Person Allegedly Caught Accepting ₹40 Lakh

The agency said its team conducted the trap operation on Thursday and allegedly caught Narinder Rajput while accepting ₹40 lakh.

Following the operation, the CBI arrested CGST officials Vinay Kumar Kantheti and Rakesh Kumar Sinha.

The agency then carried out searches at premises linked to the accused as part of the investigation.

According to the CBI, the searches resulted in the recovery of ₹43 lakh in cash, along with jewellery valued at approximately ₹90 lakh.

The agency is expected to examine the recovered money, jewellery, electronic devices and other material as it investigates the alleged bribery network and determines the roles of the accused.

What the Court’s Order Means

The court’s decision does not amount to a finding that the bribery allegations are false or that the accused have been cleared of wrongdoing.

Instead, the order primarily focuses on whether the CBI followed the legally prescribed procedure while arresting the three individuals.

The court found that the arrest requirements had not been properly followed and therefore declined to permit further custodial interrogation.

The CBI can continue its investigation and may pursue further legal remedies regarding custody and the arrest procedure.

Investigation Now Faces a Legal Test

The case highlights the importance of following due process even in serious corruption investigations.

Bribery cases involving government officials often require investigators to act quickly, particularly when alleged cash transactions are involved. At the same time, agencies are required to follow established legal safeguards when arresting suspects.

In this case, the Thane court has made it clear that procedural requirements cannot be overlooked.

For the CBI, the immediate challenge will be to continue investigating the alleged ₹1.5-crore bribery case while addressing the court’s concerns regarding the arrests.

For the accused, their release on personal bonds means they are not required to remain in custody at this stage. The allegations against them, however, remain subject to investigation and further legal proceedings.

The case is therefore likely to draw continued attention as the CBI decides its next legal steps and the court examines the evidence surrounding the alleged bribery transaction.

News source: Information for this article was gathered from a variety of reliable news outlets.

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