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R. NARAYANA PISHARADI, J
K.S.SHIBU – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. factual background of the case and charges (Para 1 , 2 , 3 , 4) |
| 2. analyzing defense claims about seized amount (Para 8 , 14 , 15) |
| 3. consideration of legal accountability for assets (Para 17 , 18 , 19) |
| 4. reliability of witness statements challenged (Para 21 , 22 , 23 , 24 , 25 , 26) |
| 5. validity of the chosen check period for investigation (Para 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 6. judicial power to quash proceedings for injustice (Para 39 , 40) |
| 7. final decision to quash charge-sheet (Para 41) |
ORDER
The petitioner is the sole accused in the case C.C.No.6/2019 pending in the Court of the Enquiry Commissioner and Special Judge, Thrissur.
2. The petitioner was the Joint Regional Transport Officer, Irinjalakuda. On getting reliable information that he was in the habit of accepting illegal gratification from many persons, a surprise check was conducted on him at about 11:30 hours on 12.12.2014, at the Thrissur Railway Station, by the Deputy Superintendent of Police, Vigilance and Anti-Corruption Bureau (VACB), Thrissur. Then an amount of Rs.56,500/- was seized from the possession of the petitioner.
3. The report of the surprise check was forwarded to the Director, VACB by the
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