J.RAJESH KUMAR Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Whether exoneration of a public servant in the departmental proceeding would ipso facto constitute sufficient ground for exonerating him of the charges based on same facts in the criminal proceeding? This is the core question that arises for consideration in this case.

(2.) The petitioner is the fifth accused in the case C.C.No.47/2014 pending in the Court of the Additional Special Judge (SPE/CBI)-III, Ernakulam.

(3.) The Central Bureau of Investigation (CBI) received information that the customs officials posted at the Cochin International Airport were regularly and systematically obtaining and collecting money as illegal gratification from the passengers who arrive from the foreign countries for the purpose of granting customs clearance to them and that the amount so collected was being shared among the customs officers. The CBI requested the Managing Director of the Cochin International Airport to record the activities at the international arrival area of the Airport for a period of ten days. On 17.10.2006, the CBI received ten compact discs which contained the recording made during eight days from 10.10.2006 to 17.10.2006. The visuals contained in the compact discs, prima facie, showed customs officials demanding and accepting bribe from the passengers. The CBI registered a case on 18.10.2006 against identifiable customs officials. On that day, at around 19:30 hours, the CBI conducted search at the international arrival area of the Airport. During the search, foreign currency notes of different countries were recovered from many customs officials, including the petitioner who was working as Superintendent of Customs. Foreign currency was also recovered from the suitcases of certain customs officials.