BHARAT CHANDRA ROUL Vs. STATE OF ODISHA

JUDGEMENT

(1.) This appeal under sec. 9 of the Orissa Special Courts Act,1990 arises from the Judgment and order dtd. 6/3/1995 passed in Special Court Case No.4 of 1993 of the Single Judge of this Court wherein the learned Single Judge having tried the offences against the Appellant under Sec. 13 (2) of Prevention of Corruption Act,1988 ( in short, the 'Act") read with Sec. 8(3) of the Orissa Special Courts Act,1990 ( in short, the 'Special Act") held him guilty there under, convicted and sentenced him to undergo rigorous imprisonment for three years and to pay a fine of Rupees Five lakhs (Rs.5,00,000.00), and in default of payment of fine to undergo rigorous imprisonment for a further period of eighteen months.

(2.) The case of the prosecution are that the Appellant while being engaged as employee of the government, being a public servant under sec. 2 (c) of the Act during the period between 12/6/1963 to 24/3/1990 acquired assets to the tune of Rs.8,03,395.08 which was disproportionate to his known source of income.

(3.) It is the case of the prosecution that on 24/3/1990 PW-11 Banabihari Nayak, Inspector of Police attached to Vigilance Directorate, Cuttack conducted raid in a house located at Aparna Nagar, Chauliaganj, Cuttack on the basis of search warrant (Ext.64) wherein the Appellant was residing with his family members. The raiding party comprised Yudhistir Ojha, the Executive Magistrate, Cuttack (PW-20), Ramesh Chandra Mohanty, the Deputy Superintendent of Police, Vigilance (PW-17) and others. Search was conducted in the house and various articles were seized as enumerated in the seizure list vide Ext.45.