E. SIVAKUMAR Vs. STATE

JUDGEMENT

(1.) The petitioner who was arrested and remanded to judicial custody on 25/9/2018 by the respondent police for the alleged offence in Crime No.RC 8A/20l8 under Sec. 120B of IPC r/w Sec. 7, 8, 12, 13(2) r/w 13(1) (d) of the Prevention of Corruption Act, 1988.

(2.) The brief case of the prosecution is that on 7th and 8th of July 2016, Income Tax Department conducted raid at the Gutkha manufacturing units of Offices and the residential premises of the partners and employees of M/s.Annamalai Industries. During the search, the Income Tax Department seized records and hand written entries revealed that the Gutkha manufacturers had regularly paid illegal gratification to the public servants of various departments. The respondent conducted search in 31 places on the strength of search warrants and seized 374 documents and 63 material objects. The further case of the prosecution is that as per the notification issued by the Government of Tamil Nadu, Health and Family Welfare Department, the Gutkha and Pan Masala are food products in which tobacco and nicotine are used as ingredients in the State of Tamil Nadu and was prohibited. The said notification came into force from 23/5/2013. Based on this notification, the Food Safety and Drug Administration Department issued circular to the Designated Officers concerned of all the Districts in Tamil Nadu. Accordingly, these Designated Officers should furnish report to the Commissioner of Food Safety and Drug Administration, as and when the Committee is convened. The Officer-in-charge of all check posts of Commercial Tax / Motor vehicles / Police etc should be informed by giving letter of communication by the Designated Officer to prevent entry of any vehicles carrying the banned food products in the State. They shall monitor this aspect especially in the initial period by utilising services of Police and Commercial Tax Officials to prevent the entry of banned products. Each Designated Officer should list out the manufacture, storage and distribution or sale places of the above banned product in their jurisdiction and educate the Food business Operators properly about the prohibition order. Even then, the Designated Officer did not take any measures for implementation of the prohibition order. When the ban order was in force during the year 2013, A4 issued licence to M/s.Annamalai Industries for manufacturing Pan Masala for the period from 18/9/2013 to 17/9/2014. He also recorded in his hand writing in the computer generated licence that he was authorised to manufacture / process the item which is within the rules and regulations of FSSAI. He was not authorised to manufacture the banned substances, and also advised to do the periodical lab testing of the product with the NABL / Government Food Lab, whereas it is apparent that no licence could be issued for the manufacture of any product containing tobacco and nicotine under Food Safety Act. The said A4 dishonestly abusing his official position, generated the above licence issued in his handwriting 'No Nicotine No Tobacco' in the name of M/s.Annamalai Industries and signed on that as if it was issued on 18/9/2013.

(3.) The further case of the prosecution is that the Government of Tamil Nadu, Health and Family Welfare Department banned the manufacturing of Gutkha and Pan Masala vide notification dtd. 23/5/2013. Even in continuation of this ban during the year 2013, A1 to A3 along with public servants entered into criminal conspiracy for manufacturing and sale of Gutkha at Chennai and established a new firm M/s.Annamalai Industries at 3/38 B, Sothupakkam Salai, Theerthakirayan pattu village, Red hills, Chennai working through Shri.S.Vignesh as Proprietor of this Firm. However, he was employee of this firm. It is further alleged that in furtherance of conspiracy on 3/7/2013, above said A1 to A3 submitted on-line application for obtaining registration from Central Excise Department for manufacturing Excisable goods. That the main object of Notification dtd. 23/5/2013 issued by the Government of Tamil Nadu is that the food product i.e Pan Masala and Gutkha should not contain tobacco and nicotine whereas the petitioner accused No.6 and Dr.Senthil Murugan (A-4) had not taken any measure for implementation of prohibition order except warning notice dtd. 27/6/2013 issued to M/s.Jayam Industries through accused / Petitioner. Further petitioner accused Shri E.Sivakumar (A-6) also seized Gutkha waste of 150 Kg and tobacco waste of 45 Kg from M/s.Jayam Industries on 15/7/2013. That for obtaining license under Food Safety and Standard Act, M/s.Annamalai Industries submitted on-line application for manufacture of Pan Masala on 20/8/2013 on which accused 6 / Petitioner in conspiracy with A-l to A-3 recommended for issuing license for manufacture of Pan Masala for M/s.Annamalai Industries. License was renewed from time to time on the recommendation of accused / Petitioner. Further as per allegation, Central Crime Branch (CCB), Tamil Nadu Police conducted raid at three Gutkha godowns including M/s.Annamalai Industries and handed over all these three Godowns to local police and thereafter, the local police handed over the finished Pan Masala product and Grind tobacco dust to petitioner / Shri.E.Sivakumar (A-6). The accused petitioner is required to take the sample from the seized godown but accused petitioner did not send any sample of tobacco for chemical analysis whereas he sent sample of pan Masala, betel nut and cardamom seeds on 12/6/2014 and the same were not part of seizure and obtained positive lab report dtd. 1/7/2014 from Food Analysis Laboratory in order to continue illegal gutkha business by private persons. The further case of the prosecution is that the petitioner /A6, used to receive bribe of Rs.10,000.00 to Rs.25,000.00 per month from Al- A3 during the relevant period and to this effect statement u/s,164(5) Cr.PC of Shri Nandakumar, employee of Al have been recorded.