K RAJAGOPAL Vs. DEPUTY SUPRINTENDENT OF POLICE

JUDGEMENT

(1.) THE petitioner has sought for a mandamus, directing the Deputy Superintendent of Police, Vigilance and Anti-Corruption, Dharmapuri, the respondent herein to hand over his Locker Key of Locker No.A-50, of Tamilnadu State Co-operative Apex Bank Ltd., Chennai 1, Computer CPU and other seized materials.

(2.) THE petitioner has submitted that he was working as a Joint Registrar of Co-operative Societies / General Manager of Integrated Co-operative Development Project, Thiruvarur and retired from service on 31.03.2004. Earlier he was working in the Co-operative department. His house was raided on 08.02.2003 in connection with a case in Cr.No.3/AC/2003 by the Inspector of Police, Special Investigation Cell, Chennai. In search notice, it was stated that the then President of the Kaveripattinam Agricultural Producers Co-Operative Marketing Society and officials of the said society were believed to have committed irregularities and caused financial loss to the Government. The petitioner was also served with a Mahazar statement of the inventories made relating to the moveables in the house and the jewels taken.

(3.) THE Deputy Superintendent of Police, Vigilance and Anti-Corruption, Dharmapuri, in his counter affidavit has submitted that during the year 2000, the Coconut Growers / Farmers faced unbearable hardship due to unusual fall in the price of Copra and therefore, the Government of India implemented 'Price Support Scheme' to alleviate the financial hardship faced by the coconut growers by way of procuring copra from the real coconut growers at the rate of Rs.32.50p per Kg., while the market price of the copra was about Rs.24/- per Kg. While implementing the scheme certain officials of NAFED, TANFED and KAPCM, in furtherance of criminal conspiracy have entered into with some private coconut traders and others, created false records as if 4,981.900 tonnes of Copra was procured for Rs.16,19,11,750/- at the rate of Rs.32.30 per Kg., from the coconut growers without actually making such procurement and caused loss of about Rs.3,28,48,000/- to the Government and corresponding pecuniary advantage for themselves. After making a confidential enquiry on the basis of credible information received in this regard a case in Cr.No.3/AC/2003 was registered in Vigilance and Anti-Corruption Detachment at Dharmapuri. Many accused moved this Court and stayed the proceedings. The preliminary investigation carried out during the initial stage revealed that certain accused involved in case had some dealings with this petitioner Tr.K.Rajagopal who was formerly P.A.to the then Minister for Food and Co-operation. Hence, it became necessary to conduct search to secure the incriminating materials from the possession of this petitioner.