BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the first accused in the case C.C.No.3 of 2017 pending in the Court of the Enquiry Commissioner and Special Judge, Kottayam.

(2.) The offences alleged against the accused in the case are punishable under Sections 13(1)(c) and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act') and under Sections 409, 468, 471, 477A and 120B of the Indian Penal Code.

(3.) The prosecution case, as far as the petitioner is concerned, is as follows. The petitioner was the Taluk Supply Officer, Cherthala during the period from 25.08.2006 to 10.12.2007. The accused M.Abdul Samad was the Rationing Inspector, Cherthala South during the period from 16.04.2007 to 30.11.2007. The accused K.S.Santhosh was the licensee of the ration shop ARD No.129. The petitioner and the other two accused mentioned above entered into a conspiracy and pursuant to such conspiracy, with the intention of allowing the accused Santhosh to get pecuniary gain, the petitioner and the accused Abdul Samad allotted excess quantity of rice to the accused Santhosh in the Andyodaya Anna Yojana (AAY) scheme and thereby caused loss to the Government. It is alleged that the accused Santhosh had made unauthorised indents for rice on the basis of ration cards which were really not included in the AAY scheme. It is alleged that the petitioner and the accused Abdul Samad, without verifying the indents and without preparing the quarterly abstracts, allotted the rice. It is also alleged that the accused had forged and fabricated records relating to the ration shop ARD No.129 for allotment of excess rice to the licensee of the shop.