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2011 Supreme(Mad) 3724

K.N.BASHA
A. Arunkumar – Appellant
Versus
State rep. by Inspector of Police, Special Police Establishment, CBI, Chennai – Respondent


Advocates appeared:
For the Petitioners:K. Subramanian, SC for M/s. R.C. Paul Kanagaraj, Advocates.
For the Respondent: N. Chandrasekaran, Special Public Prosecutor for CBI Cases.

JUDGMENT :-


1. The petitioners, who have been arrayed as A4 and A5 out of five accused, have come forward with this revision challenging the order of the learned II Additional District Judge, Special Court (CBI Cases) (Full additional charge), Coimbatore, dated

19.12.2008 made in C.M.P.No.243 of 2008 in C.C.No.3 of 2008 dismissing the petition filed for discharge under Section 239 Cr.P.C.

2. The First Information Report in this case was registered on the basis of source information, in which, the petitioners were implicated for the alleged offences under Sections 120(b) r/w 420 r/w 511 IPC, 468, 471 and 201 IPC, Section 15 of the Prevention of Corruption Act, 1988 and under Sections 132 and 136 of the Customs Act, 1962. On completion of the investigation final report was instituted on which the lower court took cognizance.

3. The first petitioner/A4 was working as Appraiser of Customs and the second petitioner/A5 was working as Senior Tax Assistant at Inland Container Depot (ICD), Irugur, Coimbatore during the relevant period.

4. The sum and substance of the prosecution case is that A1 purported to be the Exporter along with A2, who was his employee, floated fictitious firms and wit




















































































































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