Judgment

KOSHAL, J.:- By this judgment we shall dispose of Criminal Appeals Nos. 178 and 248 of 1977, both of which were admitted to a hearing by special leave and in each one of which the sole point for determination is whether a member of an executive committee or a servant of a registered co-operative society is a public servant for the purpose of Cl. (c) of sub-sec. (1) of S. 5 of the Prevention of Corruption Act (Central Act No. 2 of 1947, hereinafter referred to as the 1947 Act) and whether, therefore, a Special Judge appointed under the Criminal Law Amendment Act (Central Act No. 46 of 1952, hereinafter called the 1952 Act) has jurisdiction to try him for an offence under that clause.

2. The appellant in Criminal Appeal No. 178 of 1977 is M. A. Kochu Devassy who was sent up, along with 11 others, for trial in respect of offences under Ss. 120-B, 408, 465, 467, 477 and 477-A of the I. P. C. (hereinafter described as the Code) and Cl. (c) of sub-sec. (1) read with sub-s. (2) of S. 5 of the 1947 Act to the Special Judge, Trichur by the Deputy Superintendent of Police, Vigilance Department, Trichur. The allegations against the accused were that while being members of the Board of