CENTRAL BUREAU OF INVESTIGATION BANGALORE Vs. J ALEXANDER IAS ADDL. CHIEF SECRETARY GOVERNMENT OF KARNATAKA BANGALORE

JUDGEMENT

(1.) This appeal is by the CBI calling in question the acquittal of respondents 1 to 3 by the Trial Court in respect of the offences punishable under Section 120B of the Indian Penal Code, 1860 read with Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 ("the Act" for short).

(2.) The case of the prosecution in short is that during the financial year 1991-92, the 1st respondent herein (A1) while working as the Additional Chief Secretary and Finance Commissioner to the Government of Karnataka, entered into a criminal conspiracy with accused 2, the Chief Minister of Karnataka and both of them joined hands with accused 3 to 6 and the result of the said conspiracy was that, accused 1 received the proforma invoice from accused 3-Gokul Krishna on behalf of the firm M/s. Classic Computer Systems ('M/s. CCS' for short) for supply of 100 Apple Macintosh Computer Systems ('AMC' for short) at the rate of Rs. 5.27 lakhs per unit, which amount includes the cost of installation, software, developmental charges and training for the officials of the Government of Karnataka. The said invoice was received by accused 1 on 31-3-1992. On the same day, accused 1 put up the note to accused 2, the Chief Minister for approval of the proforma invoice and accordingly, accused 2 gave approval for the purchase of 100 Apple Macintosh Computers. On the same day approval was also given towards payment of advance amount of 30% of the total value and the said advance amount was Rs. 1.581 crores. The cheque was drawn in favour of Classic Computer Systems on the very same day and as per the instructions of accused 1, the cheque was personally delivered on 3-4-1992 to accused 3-Gokul Krishna and A3 issued a receipt for the same.

(3.) It is the further case of the prosecution that, A3 approached A4 and, A4 issued a certificate to the effect that M/s. CCS was appointed as a dealer for apple range of products and A4 received Rs. 10.5 lakhs from A3 and the said amount was not accounted in the books of M/s. Raba Contel Private Limited, New Delhi. On the other hand, amount was deposited by A4 in the account of M/s. Ajmir Printers, a firm floated by A4. Thereafter A5 who was intimately known to A4, operated as a contact man between A2-the Chief Minister and A3-Gokul Krishna and at the relevant time, A5 was also staying at Kumara Krupa Guest House, Bangalore, which is very close to the residence of A2-the Chief Minister. Thereafter, A3 deposited the cheque for Rs. 1.581 crores in his current account on 6-4-1992 which account was opened by him with the State Bank of India, Rajajinagar Branch, in the name of M/s. Classic Computer Systems. On 8-4-1992, A3 and A6 visited the State Bank of India and drew Rs. 1.50 crores from the Current Account No. 21040 against Cheque No. 599901. A3 and A6 kept a sum of Rs. 1.45 crores in three suit cases, which were then taken to Kumara Krupa Guest House in two motor cars where A5 was staying.