The presence of prima facie evidence against a senior enforcement official justifies trial despite allegations of conspiracy being partly directed to a subordinate; discharge of one co-accused does not affect the material against another.

ORDER :

1. The 1st accused in CC No. 1 of 2015 pending before the Special SPE/CBI Court Ernakulam has preferred this revision petition under Section 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the order in Crl.M.P. No. 287 of 2024 dated 31.07.2024, whereby the discharge plea of the petitioner was disallowed by the special court.

2. Heard the learned Senior counsel for the revision petitioner and the learned Special Public Prosecutor appearing for the CBI.

3. Here, the Prosecution alleges commission offences punishable under Sections 7 and 13(1)(d) r/w Section 13 (2) of the Prevention of Corruption Act 1988 (for short ‘PC Act’). The prosecution allegation is that the petitioner joined the Directorate of Enforcement under the Ministry of Finance as Assistant Enforcement Officer on 06.12.1975. Later she was promoted as Assistant Director-I w.e.f 22.09.2010, and the post was re-designated as Deputy Director we.f 27.09.2011. She had been working at the Directorate of Enforcement, Calicut since 04 10.2010 as Assistant Director - I/Dy Director. As the Deputy Director, she was the head of the Zonal Office at Calicat. The second accused joined the Directorate of Enforcement as Junior Stenographer Gr. III on 04.09.1991. Later, he was promoted as Enforcement Officer w.e.f 15.09.2011. He has been working at the Calicut zonal Office since 23.07.2001. The third accused joined the Directorate of Enforcement as Assistant Enforcement Officer in 1993 and was promoted as Enforcement Officer in the year 2010. He was working at the zonal office at Calicut as Enforcement Officer from 2010.

4. On 19.02.2012, Sri. T.K. Shaiju, S.I. of Police, Thrissur Town Traffic Police on an intelligence information, observed that at about 07.00 hrs. a person carrying a black air bag (later identified as Mr. Sudheer) got down from the Chennai - Alappuzha train at Poonkunnam Railway Station and hurriedly got into a Mahindra Scorpio vehicle No.KL-08-AH-2424. The Sub Inspector intercepted that vehicle at Patturaikkal Junction. It was driven by one A N Sankaran. 5 kg gold ornaments were found in the possession of Mr. Sankaran and his worker, Mr Sudheer, who were travelling in the vehicle. Since both of them could not produce any valid document justifying possession of gold ornaments, they were arrested and the gold was seized by the Sub Inspector. They, along with the gold, were brought to Thrissur Town East Police Station. A case was registered against them under Section 41(1)(a) and 102 of CrPC vide crime No.355/2012, and they were produced before the Judicial First Class Magistrate-I, Thrissur. They were released on bail on the same day.

5. On 19.02.12, Sri. Benny Jacob, SI of police, Thrissur Police Station, on an intelligence information conducted a search at the office premises of M/s M.J.Gold, Thrissur, and seized two gold bars weighing 2 Kg. and a sum of Rs..44,25,130/-. He arrested Mr.M.K.Antochan and his worker Shino Babu and registered a case u/s.41(1)(a) & 102 of Cr.P.C as Crime No.356/2012. Thereafter, he searched the residence of Sri. Abdul Kadher at Chavakkad and seized 02 mobile phones and two fax machines, and arrested him. Search was also conducted at the residence of Sri. K.H. Shihab and Sri. Sheheem at Kechery, Thrissur, and he seized Rs.56,30,000/- from their house. The arrested persons and the property and money were produced before the JFCM-I Court Thrissur, and they were released on bail on the same day.

6. The first accused, on getting information about the seizure of the gold and money by the Thrissur East Police, dishonestly directed the 2nd