K SHANMUGANATHAN Vs. S P VAITHIANATHAN

JUDGEMENT

(1.) THE petitioner is accused in P.R.C.No.2 of 1987 on the file of the Chief Judicial Magistrate, Salem.

(2.) HE was the Additional Superintendent of Police, Prohibition and Enforcement Wing, Salem at the relevant time. The respondent herein was in charge of an arrack shop belonging to his uncle, at Sivathapuram, who was the highest bidder in the auction held by the Government of Tamil Nadu. The sales in the licensed arrack shop of his uncle got dwindled by the illicit distillers of arrack. Consequently, he sent petitions to the higher authorities to quell the activities of the illicit distillers of arrack. Notwithstanding all these, the illicit distillery was on the increase and it was found out that such illicit distillery was done because of the helping hand stated to have been given by the petitioner on receipt of mamool from such illicit distillers. The respondent, consequently, sent petitions to the higher authorities regarding the corrupt activities of the petitioner in encouraging the illicit distillation. The petitioner therefore bore a grudge against the respondent.

(3.) MR.N.T. Vanamamalai, learned senior counsel for appearing for the respondent would, however, repel such submissions.