SAJITH VIJAYARAGHAVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the first accused in the case registered as V.C No. 8/15/SIU-II by the Vigilance and Anti-Corruption Bureau (VACB), Thiruvananthapuram under Sections 13(1)(d) read with 13(2) of the Prevention of Corruption of Act 1988 (for short 'the Act') and also under Section 120B of the Indian Penal Code.

(2.) During the local audit of the accounts of the Kerala State Centre for Advanced Printing and Training(C-apt) for the period 2013-14 conducted by the Accountant General, Kerala, certain irregularities were noticed. A preliminary enquiry was conducted by the VACB in the matter. Since the preliminary enquiry disclosed commission of cognizable offences under the Act, the above crime was registered by the VACB.

(3.) The prosecution case against the petitioner, as narrated in Ext.P12 first information report (FIR), is as follows:- The petitioner (A1) was the Managing Director of the C-apt from the year 2012 onwards. On 12.6.2012, the Executive Committee of C-apt had taken a decision to purchase two Xerox variable data printers for Rs.14,80,000/- each, so as to cater to the demand of the Lottery Department for printing two crores lottery tickets per month. The first accused abused his official position and with ulterior motive, scuttled the issuance of purchase order for the two printers and later he conspired with the second accused, who was a member of the Tender Evaluation Committee, and pursuant to such conspiracy, the first and the second accused fraudulently prepared a cost analysis statement with malafide intention and they deliberately showed hiring of OCE variable data printer as profitable. Thus they deceived the authorities, including the Vice Chairman and the Chairman of the C-apt and made them to believe that it was profitable to hire the printers. Consequently, the first accused was allowed to invite tenders on 18.4.2013 for hiring variable data printer through the third accused who was the Officer in-charge of Purchase (Material Division) of C-apt. Later, Accused Nos. 1 to 3 entered into criminal conspiracy with the fourth accused who was the Managing Partner of the establishment by name M/s.Ansala. The fourth accused had illegal nexus with the fifth accused, the Managing Director of the company by name M/s. Xpress Printing Solutions Ltd. Pursuant to such conspiracy, the first accused awarded the contract of hiring of variable data printer to M/s.Ansala on 24.12.2013 for a period of two years at an exorbitant rate of 11.5 paise per ticket, causing a loss of Rs.1,36,05,442/- to C-apt during the period from December 2013 to September 2015 and the accused obtained corresponding pecuniary advantage. Further, the first accused, with dishonest intention, deliberately overpriced the bill amounts (37 paise per ticket instead of 32 paise per ticket) in the invoices raised from C-apt to the Lottery Department, against the terms of the Government Order in that regard and it resulted in payment of tax to the tune of Rs.4,53,000/- which could not be recouped.