K.N.BASHA
A. Arunkumar – Appellant
Versus
State rep. by Inspector of Police, Special Police Establishment, CBI, Chennai – Respondent
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
1 Sajjan Kumar Vs. Central Bureau of Investigation reported in JT 2010 (10) SC 413
2 State of Madhya Pradesh Vs. Mohan Lal Soni reported in AIR 2000 SC 2583
7 Nirmaljit Singh Hoon Vs. State of West Bengal reported in AIR 1972 SC 2639
10 Niranjan Singh Punjabi Vs. State of Maharashtra reported in AIR 1990 SC 1962
11 State of Jammu & Kashmir Vs. Sudarshan Chakkar reported in AIR 1995 SC 1954
15 CCE Vs. Srikumar Agencies reported in 2009 (1) SCC 469
16 P.Vijayan Vs. State of Kerala and another reported in AIR 2010 SC 663.
17 Sajjan Kumar Vs. Central Bureau of Investigation
20 K.R.Purushothaman Vs. State of Kerala
3 Suresh Budharmal Kalani Alias Pappu Kalani Vs. State of Maharashtra reported in (1998) 7 SCC 337
8 State of Bihar Vs. Ramesh Singh reported in AIR 1977 SC 2018
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