STATE Vs. MUTHUSAMY

JUDGEMENT

(1.) This criminal appeal against acquittal is preferred by the State aggrieved by the judgment of the learned Chief Judicial Magistrate cum Special Court, Erode, in in Special C.C.No. 25/2015 dated 20.12.2016.

(2.) The case of the Prosecution:- Mr. Muthusamy, the respondent/accused was M3 Assistant at District Supply Office, Erode, during the relevant point of time. On 23.10.1996, a lorry bearing Registration No. TN L 7939 owned by one Tmt.Pushpa was seized by the Civil Supply CID Police for illicit transport of paddy. In the adjudication process, Tmt.Pushpa was directed to deposited Rs. 15,000/- for temporary custody of the lorry pending appeal. Accordingly, Tmt.Pushpa deposited Rs. 15,000/- on 02.11.96 as per the collectors order and got the vehicle released. Thereafter, the deposit was renewed on 26.08.2002 as instructed by the District Supply Officer. Later, the appeal preferred by Tmt.Pushpa was disposed by the Collector vide his proceedings Na.Ka.6839/99/k3/ dated 01.10.2004 imposing fine of Rs. 1000/- for illicit transport of paddy.

(3.) On 13.10.2014, the Lorry owner Tmt.Pushpa and her husband Mr. S.K. Appusamy met Mr. Muthusamy who was serving as Assistant in the District Supply Office. As per his instruction, they paid the fine amount in the Bank and along with the Bank challen gave a request letter for return of the money deposited on 02.11.1996 as condition for temporary release of the vehicle. Mr. Muthusamy directed them to come after 15 days. So on 01.11.2004 Appusamy went to District Supply Office met Muthusamy. At that time, Muthusamy informed him that Rs. 15,000/- deposited was earned interest and the matured value is Rs. 32,000/- and demanded Rs. 5,000/-,as bribe. Next day Appusamy met Muthusamy. He informed that everything is ready and the District Revenue Officer has to sign the refund order and once bribe money is ready, he can immediately arrange for it. Muthusamy after negotiation, reduced the demand to Rs. 4,000/-. Since, Appusamy and his wife Pushpa were not inclined to give bribe, lodged the present complaint before the District Vigilance and Anti Corruption Police on 05.11.2004 and same was registered and taken up for investigation.