CENTRAL BUREAU OF INVESTIGATION Vs. K.B.MOHANDAS

JUDGEMENT

(1.) Central Bureau of investigation, Cochin Branch, who is the complainant in C.C.No.12/99 of the Special Judge (SPE/CBI)-II, Ernakulam, aggrieved by the acquittal of sole accused who faced trial before the court below for offences punishable under section 13(2) r/w 13(1)(e) of Prevention of Corruption Act , 1988, has preferred this appeal.

(2.) The accused was initially working as Inspector, Central Excise department and thereafter as Customs Officer at various places. According to CBI, accused was in possession, either in his own name or in the name of his wife/PW49, movable and immovable properties valued at Rs.52,434/- as on 01.06.1990 which was the commencement of check period. By the end of check period on 04.08.1995, he was found in possession of movable and immovable assets, either in his own name, or in the name of his wife, to the value of Rs.8,55,324.30/-. During the period, he received an income of Rs.4,90,366/- from all known sources and incurred an expenditure of Rs.2,38,059/-. Hence, his likely savings during the above period should have been Rs.2,52,307/-. However, he and his wife were found to possess in their names, assets both movables and immovables, disproportionate to the known sources to a tune of Rs.5,50,583.30/-, for which, he could not satisfactorily account.

(3.) On the basis of source information, crime was registered and after investigation, final report was laid. Accused denied the charges and faced trial before the court below. On the side of prosecution, PWs1 to 52 were examined and Exts.P1 to P205 were marked on the side of accused. Dws.1 to 8 were examined. Court below, on the basis of materials held that, prosecution failed to establish that accused acquired assets disproportionate to his known source of income. Accordingly, accused was acquitted.