K MANICKAM AND TWENTY SIX Vs. STATE

JUDGEMENT

(1.) ALL the accused were attached to the Mettur Unit of the Prohibition Enforcement Wing situate at Kunjandiyur having territorial jurisdiction over 7 Police Station limits. A.26 was the Additional Superintendent of Police and A.25 was the Deputy Superintendent of Police. A.28 was the Camp Clerk and A.29 was the Office Assistant attached to the Additional Superintendent of Police. A.1 was the Inspector of Police. A.2, A.4 and A.27 are Sub Inspectors of Police. Others belong to the constabulary. The approver P.W.4 was the Station Writer of the Wing.

(2.) THE charges against them are that:

(3.) P.W.10, a resident of Nangavalli Village came there at about 5.45 P.M., with a chit. He also gave Rs.500 and the same was seized by P.W.85. The chit was marked as Ex.P.38. The contents of general diary, sentry books, duty roasters and pocket note books of Constables and other Officers were seized. Thereafter, P.W.85 arrested A.3, A.4 and P.W.4 at about 6.50 P.M. The Deputy Superintendent of Police also prepared a Mahazar giving out the details of what had happened on that day. The same was marked as Ex.P.83, a copy of the same was given to the arrested accused. P.W.85, drew a sketch Ex.P.211 of the topography of the Police Station at Kunchandiyur. He also sent an advance intimation Ex.P.212 regarding his proposed search of the houses of some accused. When the house of the second accused was searched at Ambedkar Nagar, Mettur in between 7.40 P.M. and 8.40 P.M., a cash of Rs.29,600 was seized and the same has been marked as M.O.17. Investment deposit receipts, Indiravikas Certificates, S.B. Accounts were all seized. They are M.Os.18 to 32. Search list was Ex.P.84. A.2 was present throughout the search and a copy of the search list was given to him. Between 9.15 P.M. and 9.45 P.M., P.W.4's house at Mariamman Koil Street, Thangamapuri Pattanam, Mettur was searched but nothing incriminating was seized. Search list was Ex.P.85 a copy of which was given to P.W.4. Thereafter, P.W.85 along with A.3, A.4 and P.W.4 came back to his Office at Salem and the next day i.e. on 3.1.1989 between 1.00 A.M. And 1.45 A.M., the house of A.1 at Pillaiyar Koil Street, Namakkal, was searched but no incriminating documents were seized. Search list was marked as Ex.P.86, a copy of which was given to the first accused. The house of the fourth accused was searched between 2.00 A.M and 2.45 A.M. at Gandhinagar, Namakkal and an amount of Rs.9,700 was seized which was marked as M.O.33 series. The search list was Ex.P.87, a copy of which was given to A.4. On 3.1.1989 between 6.00 A.M. and 6.45 A.M., the house of A.27 was searched, an amount of Rs.9,400 was seized and the same has been marked as M.O.34 series and the search list has been marked as Ex.P.88, a copy of which was given to A.27 and the house of A.25 at Brindhavan Street, Salem fair lands was searched between 7.30 A.M., and 8.15 A.M., and an amount of Rs.25,070 was seized under Ex.P.89 search list and a copy of which was given to A.25 and the amount has been marked as M.O.35 series. At about 8.45 A.M.,P.W.85 came back to his Office and then released A.3,A.4 and P.W.4 on bail.