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Synopsis

A division bench of the Bombay High Court comprising Justice AS Gadkari and Justice SG Dige on Friday called upon the CBI to submit its case diary in a case wherein NCB Officer Sameer Wankhede is being probed.

The high court also questioned the CBI if it was going to arrest Sameer Wankhede or not. During the hearing, the bench remarked, 

"Why are shying away to tell us if you are going to arrest? Don't play hide and seek". 

The agency had approached the high court seeking vacation of the order passed by the vacation bench granting interim relief to Sameer Wankhede.

High Court was informed that Wankhede was served with a Section 41A notice. If Wankhede does not cooperate then he would be arrested, the Court was further told.

Advocate Kuldeep Patil appearing for the CBI pleaded that Wankhede could approach the sessions court for anticipatory bail and the court should not injunct CBI to arrest Wankhede.

"Today what I am trying to say is interim order is granted without arguments. We don't want to arrest him now, but we need not be injuncted," said Patil.

The bench then asked Patil to produce the case diary saying that how would it know that the case diary was being maintained properly by CBI.

"The insistence to not make a statement (About arresting Wankhede) is raising serious doubts. How do we know you are maintaining the diary properly? You have three days. It may be loosely maintained diary." the bench said.

The high court then adjourned the case to Wednesday and asked CBI to submit the case diary by Tuesday. 

Wankhede had approached the high court seeking to quash the FIR registered against him by the CBI. He claimed that he was employed by the Central government, receiving a salary from the finance ministry. He submitted that he was working with NCB on a loan basis. 

CBI claimed that it had obtained prior sanction to prosecute Wankhede whereas Wankhede claimed that the sanction was bad in law as sanction was required to be given by the finance minister and not by the Ministry of Home Affairs.

Case title: Sameer Wankhede vs UOI