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2020 Supreme(Ker) 298

SUNIL THOMAS
C. C. Baby – Appellant
Versus
Central Bureau of Investigation Anticorruption Bureau (ACB), Cochin – Respondent


Advocates Appeared:
For the Petitioner: Sri. P.A. Augustian, Sri. M.A. Baby, Smt. Cimy Varghese
For the Respondent: Sri. Sasthamangalam S. Ajithkumar, Spl.P.P. For C.B.I.

JUDGMENT :

The 2nd and 12th accused respectively in C.C.No.2 of 2015 of Special Judge (SPE/CBI), Thiruvananthapuram for offences punishable under sections 120B r/w 420 IPC and sections 7, 12, 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 are the petitioners.

2. Petitioners, along with 14 other persons, which include various customs officials, clearing agents, and a private person face prosecution in the above crime registered as R.C. 14CA/2012/CBI/ACD/COCHIN dated 14.08.2012. The allegation of the prosecution, as is discernible from the records, is as follows:

3. The 1st, 12th and 13th accused were Superintendents of Customs, Department of Revenue and Central Excise and Customs, Government of India. The 2nd, 3rd, 4th, 14th, 15th and 16th accused were officiating in the capacity of Inspectors of Central Excise and Customs. All the above were posted at the unaccompanied baggage clearing centre, Air Cargo Complex, International Airport, Thiruvananthapuram during the period July 2012. As per the practice in place during the relevant time, Non Resident Indians, mainly in Gulf countries, were permitted to despatch their personal consignments to India as unaccompanied baggages

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