PRIYANATH MISRA Vs. ADDITIONAL SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) This appeal is directed against the sentence and conviction imposed on the accused by the Trial Court in Special C. C. No. 24 of 2011 on the file of IX Additional Special Judge for CBI Cases, Chennai vide judgment dated 13. 10. 2015 for possessing disproportionate assets beyond the known source of income.

(2.) The appellant herein 'Captain' Priyanath Misra of Mercantile Marine Department while working as Nautical Surveyor at Tuticorin came under the scanner of CBI when they received reliable information that during the period 2000-2009 he had amassed assets disproportionate to his known source of income to tune of Rs. 45 lakhs in his name and in the name of his family members.

(3.) Based on the said information, the First Information Report was registered by CBI on 29. 01. 2010. After the conclusion of the investigation, the prosecution has laid final report disclosing that the appellant herein, was working as a Deputy Nautical Surveyor in Director General of Shipping during the check period from 01. 04. 2000 to 10. 08. 2009. The assets held by the accused at the end date of check period 10. 08. 2009 was Rs. 1,00,02,180/- whereas the assets held by him on the commencement of the check period 01. 04. 2000 was Rs. 29,44,423/-. The income of the appellant during the check period was assessed at Rs. 58,84,433/- after deducting the expenditures incurred by the appellant during the check period and the savings likely would have been made by the appellant, it was found that the appellant had disproportionate assets of Rs. 90,37,966/- which is 15 59% over and above the known source of income.