HYDERABAD: Mere non-sanction of prosecution does not come in the way of taking cognizance of the offences committed by suspended IAS officer BP Acharya in the Emaar Properties-APIIC scam, the Central Bureau of Investigation has submitted to the special CBI court.In its counter affidavit filed on Thursday on the bail application moved by Acharya, the CBI said the accused could not be enlarged on bail as there was ample evidence to make out prima facie case against him. “The absence of sanction under Section 197 of CrPC does not come in the way of taking cognizance of the offences committed by the accused under Sections 120-b (criminal conspiracy) read with 409 (criminal breach of trust) of IPC,’’ the CBI said. It said that detention of Acharya in judicial custody neither amount to illegal detention nor deprivation of his liberty and rights.On Acharya’s contention that an accused can not be confined to prison when chargesheet was filed on completion of probe, the CBI said: “The overt acts of the accused in furtherance of criminal conspiracy by abusing his official powers have a pervasive effect on society as a whole."
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