NANJAPPA Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) The Circle Inspector of Police, Upparpet Police Station, Bangalore City registered an FIR relating to counterfeit stamps and stamp-papers as Crime No. 545 of 2000 against Abdul Karim Telgi, in respect of offences punishable under Ss. 255 to 260, 265, 467, 468, 471 to 475, 420 read with Sec. 120B of the Indian Penal Code. Thereafter, the investigation was taken up by Stamp Investigation Team (for short STAMPIT ) and on the basis of its report, Crime No. 1100/2002 was registered at Madiwala Police Station, Bangalore, on 16.10.2002 for offences punishable u/s. 120B, 255 to 258, 260 and 420 of the Indian Penal Code read with sec. 63B of Karnataka Stamp Act 1957 against the said Abdul Karim Telgi and others.

(3.) After further investigation, P.N. Jayasimha, Senior Superintendent of Central Prison, Bangalore, and the appellant (working as Asst. Superintendent of Central Prison, Bangalore) were impleaded as Accused Nos. 32 and 33 under supplementary charge-sheet filed in Crime No. 1100/2002 alleging that they had committed offences punishable under Ss. 7, 12, 13(1)(d) read with sec. 13(2) of Prevention of Corruption Act, 1988 and Ss. 3, 4 and 25 of Karnataka Control of Organized Crimes Act, 2000 ( KCOC Act for short). It was alleged that the appellant was working as the Assistant Superintendent of Central Prison, Parrappana Agrahara, Bangalore with effect from 09.8.2001; that Abdul Karim Telgi was arrested on 07.11.2001 and lodged in the said prison as an under-trial prisoner; and that Appellant and Jayasimha conspired with A. K. Telgi and in contravention of the prison rules and regulations, permitted and facilitated A. K. Telgi to use mobile phone for his unlawful activities, to run his fake stamp business from the Jail and also to celebrate a party within the jail premises, all for illegal gratification.