The accused Sanjay Suradkar (45), a desk officer with revenue department, and two middlemen Vaibhav Andhale and Devidas Dahifale (23), had been arrested in October last week near revenue office at World Trade Centre in South Mumbai after they allegedly took a bribe of Rs 23 lakh from a complainant - a property dealer who has a power of attorney of 18 acres Devasthan trust land in Pune district.
The ACB said it had recovered Rs 23 lakh, which was to be given allegedly to the ex-minister for getting a copy of the order.
Later, during a search at the house of the former minister, the ACB sleuths had recovered five files.
"We told the court that the ACB has still not decided on whether to make the former minister an accused or a witness," said special public prosecutor Jai Singh Desai.
Desai told PTI that ACB wants to know if the three arrested accused had any connection with the minister and whether the latter was involved in the bribery case.