STATE OF KERALA Vs. M T ANANDAN

JUDGEMENT

(1.) The State has filed this appeal as the High Court of Kerala acquitted the respondents by setting aside their convictions under Sections 5(2) and 5(1)(d) of the Prevention of Corruption Act, 1947 and Sections 109 and 120-B of the Indian Penal Code. Along with the two respondents, two others were also tried for the said offences in the Court of the Special Judge, Trichur, in Criminal Case No. 13/82.

(2.) Smt. Bitchu - A. 2 was the owner of M/s. Latex India Ltd. and M/s. Excellent Rubber and Allied Industries. But as a matter of fact, both the industries were managed by her husband Abdulla Koya A. 3.

(3.) The prosecution case was that A-2 and A-3 in conspiracy with Anandan - A-1, who was the District Industries Officer, and A-4, who was a Technical Supervisor, entered into a conspiracy to obtain for A-2 and A-3 more quantity of Titanium Dioxide than what was really required by them for their industries and pursuant to that conspiracy, A-1 issued two Essentiality Certificates, Ex. P. 35(a) and P. 36(a), entitling M/s. Latex India Ltd. to get 300 kilograms of Titanium Dioxide per month and M/s. Excellent and Rubber and Allied Industries to get 2000 kilograms of Titanium Dioxide per month. In substance, the allegation against them was that this much quantity of titanium dioxide was not required by them and A-1 - Anandan abusing his official position had wrongly issued the two Essentiality Certificates which entitled them to obtain more titanium dioxide which could later be sold in the market at a higher price.