STATE OF KERALA Vs. JANARDHANAN CHETTIAR

JUDGEMENT

(1.) Criminal Appeal No. 101 of 1964 is filed by the State against the acquittal of the Excise Inspector (the first accused) and Criminal Appeal No. 58 of 1964 by the second accused K.P. Ebrahim Kunju, Preventive Officer against his conviction under S.5(2) read with S.5(i)(d) of the Prevention of Corruption Act and sentence of imprisonment for two years in Criminal Case No. 1 of 1963 on the file of the Special Judge, Trivandrum.

(2.) The prosecution case is that on 1-4-1962 the first accused Excise Inspector and his subordinate the Preventive Officer accused 2, with eight other subordinates went out to patrol the prohibition area of Kulathoor Village in Neyyattinkara Taluk to detect prohibition offences and they arrested Pw. 2 who was actually selling toddy and Pws. 1 and 3 who happened to pass by that way at the moment and tied the hands of all the three and belaboured them. Having done that accused 1 and 2 abused their position as Government servants by demanding Rs. 100/- as illegal gratification for releasing them and obtained Rs. 50/- at about 3 p. m. on 1-4-1962 near the Fair Price Shop of Pw. 11 and then released them on bail.

(3.) The facts that accused 1 and 2 are Government Servants and they arrested Pws. 1 to 3 on 1-4-1962 and released them on bail are all admitted and well proved. The defence would however contend that while Pw. 2 was arrested at Thumpakal Purayidom Pw. 1 who was found in possession of arrack was arrested at Parathiyoor Purayidom and Pw. 3 who was also found in possession of toddy while passing along the public road near Thumpakal Purayidom and each one of them was released on bail at the place of arrest itself. The receipt of Rs. 50/- by accused 2 as illegal gratification for releasing Pws. 1 to 3 on bail is denied by both the accused who contended that the whole case was a concoction by the Nadars of the locality who were freely dealing in illicit liquor in that prohibition area and whom the two Excise Officers were ruthlessly prosecuting for prohibition offences for some time past.