V.VIJAYAKUMAR Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) The appellants herein, who are A-4 to A-8, along with three other accused, who were arrayed as A-1 to A-3, were charged and tried before the learned Addl. Special Judge, Special Court for CBI Cases, Chennai, in C.C. No.33/1999 for various offences under the Indian Penal Code as well as under the Prevention of Corruption Act . The trial court, while held that the charges as against A-1 and A-2 not proved and acquitted them and the charge against A-3 having abated, as A-3 died pending trial, however, found A-4 to A-8 guilty and, accordingly, convicted and sentenced them as under :- Accused Section Sentence A-4 to A-8 Section 120 (B) Convicted and sentenced to undergo r/w 420 IPC imprisonment for a period of two years and to Section 468 r/w pay a fine of Rs.10,000/-, in default to undergo 471 IPC simple imprisonment for a period of four Section 13 (2) months. r/w 13 (1) (d) of PC Act A-4 Section 468 IPC Convicted and sentenced to undergo (11 Counts) imprisonment for a period of two years and to pay a fine of Rs.10,000/-, in default to undergo simple imprisonment for a period of four months (for each count). A-4 420 IPC Convicted and sentenced to undergo imprisonment for a period of two years and to pay a fine of Rs.10,000/-, in default to undergo simple imprisonment for a period of four months. A-5 to A-8 420 IPC Convicted and sentenced to undergo imprisonment for a period of two years and to pay a fine of Rs.10,000/-, in default to undergo simple imprisonment for a period of four months.

(2.) The case of the prosecution, shorn of unnecessary details, could be stated as under :-

(3.) Every year, the exporters are provided with an export quota by the Apparel Export Promotion council (for short 'AEPC'), which would have to be exhausted by the end August of every year and insofar as the unused quota is concerned, the exporters have to get it revalidated by furnishing bank guarantee and the quota has to be exhausted by 31st December of the said year, failing which the bank guarantee provided by the exporters would stand forfeited.