T.V.RAPHEL Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner who is working as Circle Inspector of Excise presently at Koothuparamba is arraigned as the 4th accused in VC20/09 TSR on the files of the Court of Enquiry Commissioner and Special Judge, Thrissur. Annexure-I final report No.6/2012 was filed on 1.10.2012 against the petitioner and his co-accused alleging commission of offences punishable under Sections 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 read with Sections 420, 468, 471 and 120(B) of the Indian Penal Code. This petition has been filed seeking quashment of Annexure-I final report to the extent it pertains to the petitioner.

(2.) THE gist of the allegations in Annexure-I against the petitioner and his co-accused are as hereunder:-

(3.) IT is contended by the petitioner that the allegations in Annexure-I do not disclose the necessary ingredients to constitute the offences alleged against him and even if the entire allegations therein are taken on face value and accepted they would not disclose any cognizable offence. The allegations and the evidence collected and recorded do not disclose commission of any offence by the petitioner and in fact, they make out no case against him, it is contended. The further contentions are hereunder:-