ORDER :

The petitioner is the sole accused in the case registered as VC No.12/2016/SCE by the Superintendent of Police, Vigilance and Anti-Corruption Bureau (VACB), Special Cell, Ernakulam under Section 13(1)(e) read with 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act').

2. The petitioner is serving as a Deputy Superintendent of Police. The case against the petitioner, for amassment of wealth disproportionate to his income, was registered after conducting confidential enquiry. The allegation in Annexure-III F.I.R is that, during the period from September, 2005 to April, 2014, he acquired properties disproportionate to his known sources of income.

3. The investigation of the case was conducted by the Deputy Superintendent of Police, VACB, Special Cell, Ernakulam. After completing investigation, he filed Annexure-I final report (refer report) in the Court of the Enquiry Commissioner and Special Judge, Muvattupuzha as “further action dropped”. The reason for filing such report was that amassment of wealth by the petitioner disproportionate to his income was found to be only 5.76% and it was negligible.

4. The learned Special Judge considered Annexure-1 final report an