STATE OF WEST BENGAL Vs. PRANAB RANJAN ROY

JUDGEMENT

(1.) The Revisional application has been preferred by the State of West Bengal against order dated 18.8.94 passed by the Judge, 3rd Special Court, Calcutta in Special Court Case No. 7 of 1994 whereby the accused opposite party was discharged.

(2.) The facts which gave rise to the Special Court case in short is that the opposite party while functioning as Director (Operation) and subsequently as Chief (Operation); Central Inland Water Transport Corporation Ltd , during the period 18th Dec., 1982 to 31st Aug., 1990 committed criminal misconduct since he was found in possession of assets/properties to the tune of Rs. 3,39,725.63 p. which are disproportionate to his known sources of income indicating that the said sum was acquired by questionable means. After investigation charge-sheet was submitted on 4th of May, 1994 for offences under Sec. 13(2) read with Sec. 13(l)(e) of the Prevention of Corruption Act, 1988.

(3.) The Special Court Judge following a hearing discharged the accused opposite party under Sec. 16'(5) Code Criminal Procedure after coming to the conclusion that cognizance of the case was taken beyond the scope of law.