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2015 Supreme(Ker) 679

P.UBAID
N. GURUDAS – Appellant
Versus
STATE OF KERALA – Respondent


Advocates Appeared:
For the Appellants : SRI. B. RAMAN PILLAI
SRI. GEORGE PHILIP
SRI. R. ANIL
SRI. RAJU RADHAKRISHNAN
SRI. ANIL K. MOHAMMED
SRI. DELVIN JACOB MATHEWS
For the Respondents: PUBLIC PROSECUTOR SMT. V.H. JASMINE

JUDGMENT :

The appellant herein was Associate Professor of Surgery in the Medical College Hospital, Kottayam in January, 2001. On the allegation that he received an amount of Rs.500/- as illegal gratification at his residence on 31.1.2001 from one Shaji for conducting an operation, the appellant faced prosecution before the Enquiry Commissioner and Special Judge (Vigilance), Thrissur in C.C No.7 of 2002. Crime in this case was registered by the Deputy Superintendent of Police, Vigilance and Anti Corruption Bureau (VACB) on the complaint of Shaji, made on 31.1.2001. The amount of Rs.500/- brought by him was received by the Dy.S.P., phenolphthalein was applied on the currency, and after demonstrating the required phenolphthalein test to Shaji and the other witnesses including the public servants arranged by the Dy.S.P. to witness the trap, Shaji was instructed to hand over the currency to the appellant at his residence. Accordingly, Shaji handed over the phenolphthalein tainted currency, and within no time, the vigilance team led by the Dy.S.P reached there, seized the phenolphthalein tainted currency and arrested the appellant on the spot. After investigation, the vigilance submitte




























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