IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K. BABU MONDAY, THE 22^ND DAY OF JANUARY 2024 / 2ND MAGHA, 1945 CRL.MC NO. 4431 OF 2022 CRIME NO.2/2022 OF VACB, NORTHERN RANGE, KOZHIKODE PETITIONER/ACCUSED:

E.PRADEEP KUMAR IFS, AGED 57 YEARS S/O. LATE DHAMODHARAN, HOUSE NO. 73/1374, SUPRIYAM, KOTTOOLI P.O., KOZHIKODE., PIN – 673016.

BY ADVS.SMT.SUMATHY DANDAPANY (SR.)

MILLU DANDAPANI RAMEEZ NOOH RONIT ZACHARIAH GOPIKA P.J.

FATHIMA K.

SIRAJ ABDUL SALAM ROY THOMAS (MUVATTUPUZHA)

RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR. HIGH COURT OF KERALA, ERNAKULAM - 682031.

2 SECRETARY, MINISTRY OF HOME AFFAIRS, VIGILANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM., PIN – 695001. 3 THE SUPERINTENDENT OF POLICE VIGILANCE AND ANTI-CORRUPTION BUREAU, NORTHERN RANGE, THONDAYAD P.O., KOZHIKODE – 673016.

4 POLICE INSPECTOR-1 VIGILANCE AND ANTI CORRUPTION BUREAU SPECIAL CELL, THONDAYAD P.O., KOZHIKODE., PIN – 673016.

RAJESH A,SPL GP VIG;

REKHA SR PP THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON

22.01.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

The petitioner, the accused in Crime No.2/2022 of Vigilance and Anti-Corruption Bureau, Northern Range, Kozhikode, who faces allegations under Section 7(a) of the Prevention of Corruption (Amendment) Act, 1918, (for short ‘the Act’) seeks to quash the FIR and all further proceedings.

2. The facts leading to the registration of the case are as follows:-

The petitioner was working as an Additional Principal Chief Conservator of Forest (Social Forestry), Forest Headquarters, Thiruvananthapuram. On 12.4.2021, the petitioner was travelling by his official vehicle bearing registration No.KL-01-BZ-7063 from Kannur to Thiruvananthapuram, after inspecting various nurseries in Kannur District. The Superintendent of Police, VACB, Kozhikode, received secret information that the petitioner had possessed money collected as a bribe from various contractors. The officials of the VACB intercepted the car on the National Highway near KSEB Office, Muttungal, Vatakara.

They searched the vehicle and found a bag containing four envelopes. They seized Rs.85,000/- from the four envelopes. The petitioner could not satisfactorily explain the source of the money that he possessed. The officials of the VACB seized the money. They conducted a preliminary enquiry and thereafter registered the above crime. The VACB is proceeding with the investigation.

3. The crux of the prosecution allegation is that the petitioner, abusing his official position, dishonestly accepted undue advantage from various contractors, who were engaged in the maintenance of the nurseries in Kannur District, for clearing the bills submitted by them with the intention of performing his public duty improperly.

4. Heard the learned Senior Counsel Smt.Sumathy Dandapani appearing for the petitioner and Sri.A.Rajesh, the learned Special Government Pleader (Vigilance).

5. The learned Senior Counsel submitted that there is no evidence to show that the petitioner accepted money as alleged by the prosecution. It is submitted that the witnesses examined by the Investigating Officer did not support the prosecution allegations. There is nothing to show that the petitioner voluntarily accepted money, knowing it to be a bribe, the learned Senior Counsel submitted. The learned Senior Counsel further submitted that proof of demand for illegal gratification is essential for attracting the offence under Section 7(a) of the Act, and a mere possession or recovery of currency notes is not sufficient to constitute such an offence. The learned Special Government Pleader submitted that the proof of voluntary acceptance of money is sufficient to constitute the offence under Section 7(a). The learned Special Government Pleader also submitted that the investigation is almost in the final stage. The learned Special Government Pleader fairly conceded that the crucial witnesses examined by the prosecution did not support the prosecution c