LAWS(CAL)-2014-9-174

GOKUL HAZAM Vs. CENTRAL BUREAU OF INVESTIGATION

Decided On September 09, 2014
Gokul Hazam Appellant
V/S
CENTRAL BUREAU OF INVESTIGATION Respondents

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 29.07.2010 passed by the learned Judge, Special (CBI) Court, Bichar Bhawan, Calcutta convicting the appellant for commission of offence punishable under Sections 420/468/471 of the Indian Penal Code and under Section 5(2) of the Prevention and Corruption Act, 1947 and sentencing him to suffer rigorous imprisonment for two years and to pay a fine of Rs.2,000/-, in default, to suffer simple imprisonment for two months on each count for the offences punishable under Sections 420/468/471 of the Indian Penal Code and under Section 5(2) of the Prevention and Corruption Act, 1947. All the sentences to run concurrently.

(2.) The prosecution case as alleged against the appellant is as follows:

(3.) It is further case of the prosecution that on the basis of such forged certificate the appellant was appointed as Pharmacist Grade "B" in Eastern Railway Hospital at Andal on 30.08.1985 with effect from 8.8.1985 vide D.M.O's Order No. CPO/CCC's Order No. E 1140/MD/Pharmacist/Selection dated 08.08.1985 and office Order No. E/MED/Phar/PT. II dated 30.03.1985. It is further alleged that the appellant had never passed the Diploma in Pharmacy from the concerned College or any other College. On the basis of source information, first information report was lodged over the aforesaid incident being Crime No. RC4/90 dated 25.01.1990 under Section 120B/420/468/471 of the Indian Penal Code and Sections 5(2) read with Section 5(1)(d) of the Prevention and Corruption Act, 1947.