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2015 Supreme(Ker) 1139

K.RAMAKRISHNAN
Bhargavan Pillai – Appellant
Versus
State of Kerala – Respondent


JUDGMENT :

The first accused in C.C. No. 59/1999 on the file of the Court of the Enquiry Commissioner & Special Judge, Thiruvananthapuram is the appellant in Crl.A.No.223/2001 while, the second accused in that case is the appellant in Crl.A.No. 224/2001. Both these accused were charge-sheeted by the Deputy Superintendent of Police, Vigilance & Anti Corruption Bureau, Pathanamthitta in V.C. No. 3/98/PTA under Sections 7, 13(1)(a) and (d) read with Section 13(2) of the Prevention of Corruption Act (hereinafter referred to as the ' Act' for short).

2. The case of the prosecution in nutshell was that PW4-Shaji was conducting toddy shop No. 10 at Chattankary on the basis of some agreement/sub-contract from one Balakrishnan and another, who were the licencees of the said toddy shop. On 16.2.1998, the excise squad consisting of accused 1 and 2 and others had conducted raid on the said shop alleging that illicit liquor was sold from that shop and by taking an empty can, a case was registered against the worker of that shop by name Sasi -CW24 and he was taken to the office of the first accused. CW24 was produced before the Magistrate Court on the next day. PW4 was told by the first accused th















































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