ABDUL SALAM Vs. STATE

JUDGEMENT

(1.) This bail application under section 439 of the Code of Criminal Procedure has been filed by Abdul Salam, Ex-Inspector of Police (since dismissed from service). The petitioner has been chargesheeted under sections 409/411/201/120B/34 IPC read with section 13(2)/13(1) (c) (d) of the Prevention of Corruption Act 1988 and sections 7/8(2) of Protection of Aboriginal Tribes (Amendment) Regulation, 1956. A written complaint was lodged by Mr. Shashi Kumar, Nodal Officer, (CBSE), Directorate of Education (camped at Car Nicobar) against Shri Krishnama Raju, Principal, GSSS, Lapathy/Reg. It was alleged therein that the sealed packets containing the question papers of AISSE 2011 for the subjects Chemistry, Biology, Mathematics and English Core were found to have been tampered. On query by the police officer the principal confessed that the seal packets were cut open and were later resealed by him. On the basis of the said FIR Car Nicobar PS Case No. 13/2011 dated 3.3.2011 under section 406/420/ 468/470 IPC was registered against Shri Krishnama Raju, GSSS Lapathy, Car Nicobar for investigation. A special team was constituted to investigate the said case.

(2.) During investigation, pursuant to supplementary statement of FIR named accused Shri Krishnama Raju, the Principal (under suspension), Abdul Rasheed Junior Engineer, APWD (under suspension) and M.J. Vijayan, Forest Ranger (under suspension) were arrested. In course of further, investigation, the name of the present petitioner Abdul Salam transpired as a co-conspirator along with co-accused M.J. Vijyan and M.P. Arun, the then Radio Operator, A&N Islands (since dismissed from service). It came to light that their wards were appearing at CBSE (Science) Examination in the year 2011. On completion of investigation, chargesheet No. 20/2011 dated 30.5.2011 was submitted against the afore-named five accused before the learned Chief Judicial Magistrate, Car Nicobar (camped at Port Blair).

(3.) After obtaining sanction from the Lieutenant Governor, Andaman and Nicobar Islands vide order Nos. 3954 and 3955 dated 13.6.2011 under section 197 Cr. PC and under section 19 of Prevention of Corruption Act, 1988 to prosecute the chargesheeted accused in connection with Car Nicobar PS Case No. 13/2011, a supplementary chargesheet No. 20(A)/2011 dated 14.6.2011 was filed before the learned Chief Judicial Magistrate, Car Nicobar (camped at Port Blair).