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2011 Supreme(Ker) 268

P.S.GOPINATHAN
Wilson J. Mangalam – Appellant
Versus
State – Respondent


Advocates appeared:
For the Petitioners:B. Raman Pillai, George Philip, R. Anil, Raju Radhakrishana, Anil K. Mohammed, P.K. Ashokan, S. Jeejabhai, Alan Papali, Sojan Micheal, Advocates.
For the Respondents: Alex Mathew Thomra, Public Prosecutor.

JUDGMENT :-

1. The appellant in Crl.Appeal No.318 of 2003 is the first accused in C.C.No.16 of 1999 on the file of the Enquiry Commissioner and Special Judge, Thrissur. The second accused is the appellant in Crl.Appeal No.325 of 2003. PW.14, the Deputy Superintendent of Police attached to Vigilance and Anti Corruption Bureau, Ernakulam, filed the charge sheet against the appellants alleging offences under Section 13(1) (c) and (d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'PC Act') and Section 409 r/w 34 IPC. It was alleged that the first accused was working as Senior Assistant Grade-I and the second accused was working as Assistant Manager at the Taluk Depot of the Kerala State Civil Supplies Corporation, Kochi and as such they are public servants as defined under Section 2(C) of the P.C Act. Kerala State Civil Supplies Corporation was having retail sales of various essential commodities including Palmolien. The first accused was the custodian of the Palmolien and relevant records. The second accused was having supervisory authority over the functioning of the Taluk Depot. On 27.9.1990, two lorry loads of Palmolien were received i




















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