JAYAPRAKASH Vs. DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) This Criminal Revision Case has been filed to set aside the order in Crl.M.P.No.745 of 2015 in C.C.No.11 of 2014 dated 23.09.2016 passed by the Special Court for Prevention and Corruption Act at Chennai.

(2.) The case of the prosecution is that the petitioner, along with others, as a member of the Purchase Committee, had wantonly, to make unlawful gain to themselves and others, had ordered 320 metric tonnes of Azurelaid watermark security paper over and above the actual necessity for the Government. Furthermore, while the procurement is to be in rolling sheet, after confirmation of tender, they have changed the actual requirement into A3 sheets which has caused greater loss to the Government, since it did not meet the specific requirement of the Government to print FIR, mark sheet, etc.

(3.) However, the petitioner contends that he was serving as Assistant Superintendent of Stamps, Chennai, till 111.2006. He was issued with transfer order to take charge as Treasury Officer, Chennai. He took charge as Chief Accounts Officer of Stationery and Printing from 16.11.2006 and he was holding the post till 004.2008, whereas, the final report filed against him indicates that during the year 2006-2007, a Purchase Committee was formed headed by A1 and A2 to A7 were the members of the said Purchase Committee, (which is factually wrong). And A1 to A7 met on 14.02006, conspired together to do an illegal act or legal act by illegal means and abruptly increased the requirement of 90 metric tonnes to 120 metric tonnes and again, to 320 metric tonnes and thereby, committed offence of criminal conspiracy under Section 120-B IPC. Further, in pursuance of the said criminal conspiracy, A1 to A7 who were entrusted with the Government money and were having dominion over the money in their capacity of public servants, dishonestly used the same by violating the provision of law prescribing the mode which is touching upon such trust and thereby committed criminal breach of trust.