(1.) THIS Appeal is filed under Section 27 of the Prevention of Corruption Act, 1988 read with Section 374 (2) of the Code of Criminal Procedure, 1973 challenging the conviction and sentence imposed upon the accused /appellant vide judgement and order dated 9-7-1979 passed by learned special Magistrate, Kamrup, Assam in Special Case No. 52 (C)/94 convicting the accused /appellant under Section 13 (1) (e)read with Section 13 (2) of the Prevention of corruption Act and sentenced him to undergo rigorous imprisonment for 1 (one) year and to pay fine of Rs. 10,000/-, in default, further imprisonment for 3 (three) months.
(2.) HEARD Mr. J. M. Choudhury. learned senior counsel assisted by Mr. P. Katakey. learned counsel appearing on behalf of the appellant and Mr. D. K. Das, learned standing counsel, CB1 appearing for the respondent.
(3.) ON the basis of an information lodged by the Superintendent of Police, CBI dated 24-4-1993 R. C. Case No. 9 (A)/93 SH was registered by police wherein it has been alleged that credible information has been received that the accused/appellant serving as the Assistant Commercial Manager (Marketing and Sales), N. F. Railway. Maligaon has amassed huge wealth by corrupt and dishonest means during his service period from 1983-93. while working in different capacities at different places. which is grossly disproportionate to his known source of income also stating therein certain specific facts.