D PARAMASIVAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS appeal has been preferred against A16 in S. C. C. No. 7 of 1978 on the file of the Additional Special Judge/1st Additional Sessions Judge-cum-chief Judicial Magistrate, Coimbatore.

(2.) THE charges levelled against A16 are under Section 120-B IPC r/w Sections 466,467,468 ,471 and 420 IPC and also r/w Sections 5 (2) and 5 (1) (d) of the Prevention of Corruption Act 1947.

(3.) THE short facts of the prosecution case relevant for the purpose of deciding this appeal are as follows: along with this accused, 17 other accused have been charged under the above provision of law. The investigation was done by SPE/cbi/row ,chennai alleging that during 1973-75 alll the accused have entered into a criminal conspiracy for circulating fake TP. 1 permits and by transporting non-duty paid tobacco under fake T. P. 1 permits direct to the consignee and by producing fake T. P. 1. permits obtained genuine T. P. 1 permits for sending non-duty paid tobacco and in pursuance of the criminal conspiracy A1 to A18 committed various offences and caused pecuniary loss to the Government of India to the tune of Rs. 12,00,000/ -. The charge sheet was filed against all the accused on 21. 7. 1978 under Section 120-B r/w 420,466,467,468,471 IPC and Section 5 (1) and 5 (1) (d) of Prevention of Corruption Act.