P SELVARAJAN Vs. STATE

JUDGEMENT

(1.) CRL. A. No. 195 of 1993 has been preferred against the Judgment in C. C. No. 2 of 1998 on the file of Court of III Additional Sessions Judge/Special Judge for C. B. I. Cases, Coimbatore. The appellant is P. Selvarajan /A2 in C. C. NO. 2 of 1998. CRL. A. No. 1073 of 2003 has been preferred against the Judgment in C. C. No. 3 of 1998 on the file of Court of III Additional Sessions Judge/Special Judge for C. B. I. Cases, Coimbatore. The appellant is P. Selvarajan /A2 in C. C. NO. 3 of 1998. CRL. A. No. 195/1993: The appellant was charged along with the co accused A1 and deceased Nandakumar and Padmanabhan who is subsequently become approver, during the years 1980 and 1981 at Coimbatore agreed to do certain illegal acts, to wit , A1 and A2 and deceased Nandakumar to commit criminal mis conduct and to cheat the National Textiles Corporation Ltd. , Coimbatore by illegal means and to get undue pecuniary advantage to Approver Padmanabhan and A1 and A2 and deceased Nandakumar, abused their official position by creating false documents, that the work for transportation of textile goods was awarded to two bogus firms viz. , M/s P. Sasikumar in 1980 and to M/s Sreedevi Transports in 1981 by getting bogus quotations and preparing false comparative statements dated 5. 6. 1980 and 8. 1. 1981 and Approver Padmanabhan presented three false bills in the name of M/s P. Sasikumar and twenty four false bills in the name of M/s Sreedevi Transports for transportation charges for the alleged transportation of textile goods from Divisional Office of National Textiles Corporation to various show rooms of the National Textile Corporation in Kerala without actually transporting any material at all as declared in their bills, and A1 and A2 and deceased Nandakumar knowing fully well of the above fact, passed and released a sum of Rs. 42,200/- enabling Approver Padmanabhan to withdraw the said amount which were subsequently shared by A1 and A2 and deceased Nandakumar and Approver, and thereby A1 and A2 committed an offence punishable under Section 120-B of IPC r/w 420 IPC and Section 5(2) r/w Section 5(1)(d) of the Prevention of Corruption Act,1947.

(2.) 2a. Charge Nos. 2 to 11 are against A1 who is now no more. Charge No. 12 is against A2, the appellant herein. A2 in pursuance of the said criminal conspiracy on or about 2. 12. 1980 at Coimbatore, at the above said place by corrupt or illegal means or by otherwise abusing his official position as such public servant, obtained for Approver Padmanabhan who produced three bogus bills dated 24. 11. 1980 and 22. 11. 1980 in the name of M/s P. Sasikumar, a fictitious transport firm showing transportation of textile goods from Distribution Sales Department, N. T. C. Coimbatore to various show rooms at Kasargod, Kunnamkulam, Tellicherry, Kottayam and Ernakulam without transporting any textile goods, pecuniary advantage to the extent of Rs. 4,950/- by enabling him to withdraw the said amount by passing a cheque No. 600188 by countersigning dishonestly the voucher No. 1028 pertaining to the abovesaid bogus bills on which the said vouchers and cheques were passed and thereby A2 committed an offence punishable under Section 5(2) r/w Section 5(1)(d) of the Prevention of Corruption Act, 1947 (1st count). b) Charge No. 13 is also against this appellant which reads as follows: In pursuance of the said criminal conspiracy on or about 18. 2. 1981 at the above said place by corrupt or illegal means or by otherwise abusing his official position as such public servant obtained for Approver Padmanabhan who produced four bogus bills dated 20. 1. 1981 and 27. 1. 1981 in the name of M/s Sreedevi Transport Company, a fictitious firm showing transportation of textile goods from Distribution Sales Department, N,. T. C. Coimbatore to various show room at Trivandrum, Ernakulam, Alleppy and Trichur, Kunnankulam and Quilon without transporting any textile goods, pecuniary advantage to an extent of Rs. 7,200/- by allowing him to withdraw the said amount through Cheque No. 040096 by countersigning dishonestly the voucher No. 1364 pertaining to the abovesaid bogus bills on which the said voucher and cheque were passed and thereby A2 committed an offence punishable under Section 5(2) r/w Section 5(1)(d) of Prevention of Corruption Act 1947 (2nd count). c) Charge No. 14 against A2 is to the effect that in pursuance of the said criminal conspiracy on or about 8. 5. 1981 at the above said place by corrupt or illegal means or by otherwise abusing his official position as such public servant obtained for Approver Padmanabhan who produced four bogus bills dated 3. 5. 1981 in the name of M/s Sreedevi Transport Company, a fictitious transport firm showing transportation of textile goods from the Distribution Sales Department,N. T. C. Coimbatore to various show rooms at Quilon, Trichur, Chenganacherri and Ernakulam I and II and Kunnankulam without transporting any textile goods, pecuniary advantage to the extent of Rs. 6,400/- by enabling Approver Padmanabhan to withdraw the said amount through Cheque No. 52058 by countersigning dishonestly the voucher NO. 164 pertaining to the abovesaid bogus bills on which the said voucher and cheque were passed and thereby A2 committed an offence punishable under Section 5(2) r/w 5(1)(d) of the Prevention of Corruption Act, 1947(3rd count). d) Charge No. 15 relates to A1 according to which in pursuance of the said criminal conspiracy on or about 30. 7. 1981 at the above said place by corrupt or illegal means or by otherwise abusing his official position as such public servant obtained for Approver Padmanabhan who produced five bogus bills dated 22. 7. 1981 and two bogus bills dated 25. 7. 1981 and one dated 28. 7. 1981 in the name of M/s Sreedevi Transport Company, a fictitious transport firm showing transportation of textile goods from the Distribution Sales Department,N. T. C. Coimbatore to various show rooms at Alleppy, Ernakulam I and II, Trivandrum, Chenganacherri,Quilon and Kunnankulam,Trichur and Chittoor without transporting any textile goods, pecuniary advantage to the extent of Rs. 7,800/- by enabling Approver Padmanabhan to withdraw the said amount through Cheque No. 267630 dated 30. 7. 1981 by countersigning dishonestly the voucher NO. 529 pertaining to the abovesaid bogus bills on which the said voucher and cheque were passed and thereby A2 committed an offence punishable under Section 5(2) r/w 5(1)(d) of the Prevention of Corruption Act, 1947(4th count). e) Charge No 16 against A2 is that in pursuance of the said criminal conspiracy on or about 4. 9. 1981 at the above said place by corrupt or illegal means or by otherwise abusing his official position as such public servant obtained for Approver Padmanabhan who produced five bogus bills of which two dated 25. 8. 1981 and one bill each dated 28. 8. 1981, 27. 8. 1981 and 31. 8. 1981 in the name of M/s Sreedevi Transport Company, a fictitious transport firm showing transportation of textile goods from the Distribution Sales Department,N. T. C. Coimbatore to various show rooms at Trivandrum, Chenganacherri, Kottaiyam, Kasargod, Tellicherry, Kannanur, Quilon, Kunnankulam and Alleppy without transporting any textile goods, pecuniary advantage to the extent of Rs. 7,850/- by enabling Approver Padmanabhan to withdraw the said amount through Cheque No. 267736 dated 30. 7. 1981 by countersigning dishonestly the voucher NO. 729 pertaining to the abovesaid bogus bills on which the said voucher and cheque were passed and thereby A2 committed an offence punishable under Section 5(2) r/w 5(1)(d) of the Prevention of Corruption Act, 1947(5th count).

(3.) PENDING appeal, A1 died and the case proceeded against A2. On appearance of the accused, copies under Section 207 Cr. P. C. Were furnished to the accused, when questioned the accused, pleaded not guilty. The third accused Padmanabhan was turned and treated as Approver.