V KRISHNASWAMI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Both these revision cases have been heard together and are disposed of by a common order.

(2.) Crl. R.C. No. 7 of 1983 is in respect of C.C.No. 6 of 1978 pending before the IV Additional Special Judge, Madras, and Crl R.C. No. 10 of 1983 is in respect of C.C. No. 7 of 1978 pending before the same Judge. In C.C. Nos. 7 and 10 of 1983, the petitioner and the approver were said to have been involved in acts constituting offences under Ss.120-B and 163, I.P.C. and S.5(1)(d) read with S.5(2) and (3) of the Prevention of Corruption Act, 1947.

(3.) The petitioner was the Gazetted P.A. to the Minister for Health in the Government of Tamil Nadu between 23-3-1971 and 31-1-1976. Thiru Renganathan was employed as the Special B.D.O. and later Administrative Officer in Madras Metropolitan Development Authority during March, 1971 to January, 1976. In the course of the investigation, Thiru Renganathan turned into an approver. His Statement Under S.164, Cr. P.C. was recorded by the V Metropolitan Magistrate, Madras, He was tendered pardon on 31-5-1976 by the II Metropolitan Magistrate, Madras. The first information report was sent to the Special Judge and the final report was filed before the same Judgment on 30-1-1978. The case against the petitioner/accused, according to that report, was that the petitioner herein had received illegal gratification from public servants for their transfers, etc., and was in possession of assets to the tune of Rs.8,00,000/- and odd, highly disproportionate to his known sources of income and for which the petitioner could not satisfactorily account.