CENTRAL BUREAU OF INVESTIGATION Vs. ULLAS KUMAR M.

JUDGEMENT

(1.) This Criminal Revision Petition has been filed by the CBI challenging the order in Crl.M.P.No.48/2021 in C.C.No.23/2016 on the files of the Special Judge, (SPE/CBI)-I, Ernakulam, whereby the 18th accused, who is the respondent in this petition, has been discharged by the learned Special Judge on finding that no prima facie materials are available to proceed against him by framing charge.

(2.) Heard the learned Special Public Prosecutor appearing for the CBI as well as the learned counsel appearing for the respondent/accused No.18.

(3.) In this matter, the prosecution alleges commission of offences punishable under Sec. 120B of the Indian Penal Code and under Sec. 13(1)(d) r/w Sec. 13(2) of the Prevention of Corruption Act, 1988 (for short, 'the PC Act, 1988' hereinafter) and also under Sec. 24 of the Emigration Act, 1983, by the accused. The prosecution case is that the 1st accused, a public servant employed in the Kerala Police as a Civil Police Officer, had worked in the Emigration Wing of the Cochin International Airport from 3/6/2003 to 15/6/2003 and from 13/12/2007 to 5/7/2011. The 2nd accused is the father of the 1st accused, who was operating a Savings Bank Account at the Federal Bank, Kottapadi Branch, and it is alleged that a part of the bribe money was transferred to this account. Accused Nos.3, 4, 6 to 16 and 20 are individuals and proprietors of travel agencies having offices in different parts of Kerala and are mainly engaged in the business of processing travel documents of emigrant workers proceeding to Middle East countries. The 5th accused is a private company having different concerns in Middle East countries and is engaged in recruiting unskilled workers from India for its projects. Accused Nos.17 to 19 and 21 are Sub-Inspectors of the Kerala Police who worked at CIAL, Nedumbassery, as Emigration Officers during different periods.