CBI arrests IRS officer in Rs 40 lakh bribe case; court calls arrest illegal

A Thane court on Friday ruled that the Central Bureau of Investigation’s (CBI) arrests of a senior Income Tax Service (IRS) officer and two other individuals in a bribery case were “not legal,” ordering their immediate release on personal bonds of Rs 15,000 each. The court rejected the CBI’s request for further custodial interrogation, citing procedural irregularities in the manner of the arrests. The CBI had arrested Vinay Kumar Kanheti, an IRS officer serving as Additional Commissioner of Central Goods and Services Tax (CGST) in Raigad district, along with CGST Superintendent Rakesh Kumar Sinha and a private individual named Narinder Rajput. The arrests followed allegations that Sinha had demanded an undue advantage of Rs 1.5 crore to resolve a GST/royalty matter involving the complainant’s stone-quarrying business. After negotiations, the demand was reportedly reduced to Rs 40 lakh. According to the CBI, the accused public officials arranged for the bribe to be collected through the private person, and the complainant was instructed to make the payment. The CBI executed a sting operation and caught the private person red-handed while accepting the Rs 40 lakh bribe. Subsequently, both Sinha and Kanheti allegedly acknowledged the receipt of the bribe amount. During searches at the residences of the accused, authorities recovered Rs 43 lakh in cash and jewelry valued at approximately Rs 90 lakh. In its ruling, the Thane Special Court examined the arrest memos and case diary submitted by the CBI. It found that the accused had not been adequately informed of the grounds and reasons for their arrest, nor had their relatives been notified in writing. This omission, according to the court, rendered the arrests unlawful. Additionally, the court observed that there was no valid justification for continued custodial interrogation, especially since the alleged bribe money had already been seized and mobile devices had been recovered from the accused. The defense team, representing the three accused, cited Supreme Court precedents such as Vihaan Kumar v. State of Haryana & Anr. and Mihir Rajesh Shah v. State of Maharashtra & Anr., emphasizing the necessity of informing the accused of the specific charges against them and ensuring that the magistrate thoroughly examines the legality of the arrest. These arguments were pivotal in persuading the court to reject the CBI’s remand application. As a result, the court directed the immediate release of all three individuals, subject to a personal recognizance bond of Rs 15,000 each, with sureties of a similar amount. The accused were also instructed to cooperate with the ongoing investigation whenever summoned. Further inquiries into the case are set to continue. The decision underscores the importance of adhering strictly to legal procedures during investigative actions, even in cases involving serious allegations of corruption. While the CBI maintains that the arrests were part of a broader effort to combat systemic malfeasance, the court’s ruling highlights the need for transparency and due process in law enforcement operations. The outcome may influence future investigations, reinforcing the judiciary’s role in safeguarding fundamental rights during criminal proceedings.