JUDGMENT

Uday Umesh Lalit, J.

1. Leave granted. This appeal arises out of the judgment and order dated 22.08.2011 passed by the High Court of Madras in Crl. R.C. No.106 of 2009 whereby it set aside the order of the Special Court dated 19.12.2008 dismissing the application for discharge preferred by the Respondents herein.

2. On 08.02.2007 RC-1/E/2007-CBI/EOW/CHENNAI was registered under sections 120B read with section 420, 467, 468, 471 IPC and 477-A IPC and section 13 (2) read with section 13(1)(d) of The Prevention of Corruption Act, 1988 (POC Act for short) and section 32 of the Customs Act, 1962 on the allegations that accused nos. 1-3 named therein had entered into a criminal conspiracy with accused no.4 who was Appraiser of Customs, Inland Container Depot (ICD), Irugur, Coimbatore and with accused no.5, Inspector of Customs, Inland Container Depot, Irugur, Coimbatore during 2004-2005 and in pursuance of said conspiracy had filed false and fabricated documents to claim duty draw back to the tune of Rs.2.14 crores (approximately) from ICD, Irugur. It was alleged that said ac