D S MAHI Vs. SPECIAL POLICE ESTABLISHMENT

JUDGEMENT

(1.) ACCUSED 9 and 10 in C. C. No. 2/1997 on the file of X Additional Subordinate Judge for CBI cases, Chennai, are the appellants herein.

(2.) THE facts of the prosecution case in a nutshell relevant for the purpose of deciding this appeal are as follows:-2 (a) With the avowed object of rehabilitating Ex-servicemen in Civil Life, the Ministry of Defence, Government of India used to allot discarded army vehicles to them at concessional rates on certain conditions, one of the conditions being that the vehicles so purchased at concessional rates should not be resold by the Ex-servicement within a period of three years from the date of purchase. 2 (b) For availing this benefit and concession, the Ex-servicemen should submit an application to the MGO Branch of the Army Head Quarters (in duplicate) through the concerned District Soldiers, Sailors and Airmen Board. In this application the applicant has to give the following undertaking:- (i) that he is not re-employed in the army/bsf in a combatant capacity; (ii) that the vehicle will not be resold within a period of three years from the date of its purchase; (iii) that he has not been allotted any vehicle from the defence Surpluses in the past; and (iv) that he is not a member of any Co-operative society and necessary financial resources are available with him to purchase the vehicle. On receipt of the application with due recommendation from the Secretary of the concerned District Soldiers, Sailors and Airmen Board, it will be processed in the 4-H, Section of the Master General of Ordinance Branch, Army Headquarters at New Delhi and allotment order will be issued.

(3.) A9 was charged under Section 120 (B) IPC and under Section 5 (2) and 5 (1) (d) of Prevention of Corruption Act (2 counts ). A10 was charged under Section 120 (B) IPC and under Section 5 (2) and 5 (1) (d) of Prevention of Corruption Act (7 counts ).