SHANMUGAM Vs. STATE REP BY DEPUTY SUPERINTENDENT OF POLICE DISTRICT VIGILANCE AND ANTI COR RUPTION KRISHNAGIRI

JUDGEMENT

(1.) THE appellant is the sole accused in C.C.No.7 of 2002 on the file of the learned Special Judge under the Prevention of Corruption Act cum Chief Judicial Magistrate, Dharmapuri at Krishnagiri. THE learned Judge has convicted the appellant under Sections 7 and 13 (2) r/w Section 13(1)(d) of the Prevention of Corruption Act and has sentenced him to undergo rigorous imprisonment for three years and to pay a fine of Rs.1,000/- (for each of the offences) and in default to undergo simple imprisonment for one month. Both the sentences have been ordered to run concurrently. Challenging the said conviction and sentence, the appellant is before this Court with this appeal.

(2.) THE case of the prosecution in brief is as follows:-

(3.) AT 5.05 p.m., (according to P.W.11), P.Ws.2 and 3 entered into the office of the accused. The accused was in his seat. P.W.2 identified the accused to P.W.3. On seeing P.W.2, the accused asked him as to whether he had brought the amount. P.W.2 answered in the affirmative. Then the accused opened the drawer of his table and asked P.W.2 to put the money into the drawer. Accordingly, P.W.2 put the above tainted currency notes into the drawer of the table of the accused. AT 6.05 p.m., (according to the P.W.11), P.Ws.2 and 3 came out of the office and made a signal. Immediately, P.W.11 along with the other witness-Chinnappan and the police officials rushed into the office of the accused. The accused was still sitting in his seat. On seeing the police, he got perplexed. Then P.W.2 identified the accused. He also told P.W.11 that the tainted money was put in the drawer. P.W.11 conducted Phenolphthalein test at the hands of the accused. It proved negative. Then he filled the said sodium Carbonate solution into two bottles (M.Os.3 and 4). He sealed the same. Then he seized the tainted currency notes (M.O.5 series) from the drawer of the table. Numbers of the currency notes tallied with the notes earlier noted down in the Mahazar. Thereafter, the accused produced 100 rupee notes four in numbers from a box and another three hundreds from his pocket. They have got nothing to do with the case and therefore, they were returned. For the recovery of 2,500/-, namely the tainted notes, a Mahazar was prepared. Then he seized certain records such as the file relating to the No objection Certificate. Then P.W.11 prepared an Observation Mahazar (Exhibit P.4) and a rough sketch (Exhibit P.5) showing the office of the accused and the seat occupied by him. Then he sent an intimation to the Special Judge about his proposed house search at the house of the accused. Accordingly, he made a house search between 8.00 and 8.30 p.m., at the house of the accused. But nothing incriminating could be recovered. Then he brought the accused and other materials to the police station. Then he handed over the investigation to P.W.12-the Then Deputy Superintendent of Police.