HUSSAIN MANIKFAN Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) C.C.No. 10 of 2003 was tried and disposed of by the Special Judge (SPE/CBI)-I, Ernakulam as per the judgment dtd. 16/5/2008. The offences alleged were punishable under Sec. 120B read with Sec. 420 of the Indian Penal Code, 1860 (IPC) and Sec. 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 (PC Act). Both the accused were found guilty and convicted of those offences. The 1st accused filed Crl.Appeal No.1091 of 2008 and the 2nd accused filed Crl.Appeal No.1023 of 2008.

(2.) The 1st accused was the Headmaster of Government Higher Secondary School, Minicoy during the period from 1990 to 1996. The 2nd accused created two concerns, namely, M/s.Mareena Enterprises, Minicoy and M/s.Sazy Corporation, Minicoy claiming to be suppliers of various articles and undertaking various works. The allegation of the prosecution is that they had hatched a conspiracy to misappropriate money by cheating the Administration of the Union Territory of Lakshadweep and in pursuance of that conspiracy, various amounts were withdrawn from the treasury by the 1st accused on the strength of the proceedings drawn by him unauthorisedly. Although the amount withdrawn from the treasury were paid to the 2nd accused, the articles were not supplied and the works were not done. By issuing the proceedings unauthorisedly and drawing the amount from the treasury without effecting the purchase and undertaking the work corresponding to the proceedings, the accused had misappropriated various amounts. Thus, the accused allegedly had committed the aforementioned offences.

(3.) Nine instances of purchases/ construction were involved in this case. The details of such purchases/construction and corresponding amounts allegedly misappropriated are given below: