In the matter concerning Sameer Dnyandev Wankhede, the Bombay High Court admitted the petition and granted interim relief vide order dated 19/05/2023. The petition, filed under Article 226 of the Constitution of India, challenged the registration of an FIR by the Central Bureau of Investigation (CBI) on allegations of demand of bribe and misuse of official position during Mr. Wankhede’s tenure as Zonal Director of NCB.
The accused contended that the FIR was mala fide and politically motivated, asserting that he had merely discharged his duties in accordance with law during the high-profile investigation into the Aryan Khan drug case. He emphasized that no evidence of wrongdoing was found against Aryan Khan, and yet he was being targeted for professional actions taken in the course of duty.
It was also argued that all procedures were duly followed, and no illicit demand was made. The petition highlighted Mr. Wankhede’s exemplary service record and claimed that the registration of the FIR without prior sanction under Section 17A of the Prevention of Corruption Act was illegal and unsustainable. Further Justice Gadkari inquired about the applicability of Section 8, pointing that under this provision, the person who is offered the bribe (‘Shahrukh Khan’) may also be liable to be made an accused in the chargesheet.
Taking note of the submissions, the Court granted interim relief and recorded the statement of the Investigating Officer, who assured the Court that the investigation would be concluded within a period of three months.