N P PRABHU Vs. UNION OF INDIA

JUDGEMENT

(1.) This revision is directed against the order dated 3.11.2002 of the Special Judge (SPE / CBI) - II Ernakulam in an unnumbered case.

(2.) The facts necessary for the disposal of this revision may be stated as follows: The petitioner herein filed a complaint against one Dilip D. Khona, Partner, M/s. Devshi Bhanji Khona, Shipping Clearing & Forwarding Agents, Willington Island, Kochi - 3, alleging the commission of the offences punishable under S.12 and 14(b) of the Prevention of Corruption Act. The allegation is that the said Dilip Khona used to give bribe to the Plant Quarantine Inspector for issuing phyto sanitary certificate. It is specifically alleged that on 19.4.2001 he paid Rs. 4,0007 - to G.M. Thippanna, Plant Quarantine Inspector as bribe for issuing the phyto sanitary certificate. The Central Bureau of Investigation has registered a case against Sri. G.M. Thippanna and he is now being tried in the Court of Special Judge, SPE / CBI - II, Ernakulam, for the commission of the offence punishable under S.13(1)(a) read with S.13(2) of the

(3.) The lower court dismissed the complaint on the ground that a non public servant alone cannot be tried by a Special Judge appointed under the P.C. Act. It appears that the lower court is of the view that if an offence under the P.C. Act is committed by a non public servant he can only be prosecuted along with a public servant.