Prosecution must prove guilt beyond reasonable doubt; mere facilitation of friends at customs does not constitute corruption under the Prevention of Corruption Act.

COMMON JUDGMENT

Challenging the judgment of conviction and sentence passed by the IX Additional Special Judge for CBI Cases, IX Additional City Civil Court, Chennai, the first accused has filed Criminal Appeal No.491 of2016 and A1 and A3 have filed Criminal Appeal No.489 of 2016.

2. The details of conviction and sentence are as under:-

3. Facts of the case in brief are as under:-

i) On a reliable information received by in this office that the accused are bringing dutiable goods into India and the active connivance of public servants who by abuse of their position as public servants, exercise their official influence to get the goods cleared without payment of due Customs duty. Based on this information, a joint surprise check comprising officers of Central Bureau of Investigation, Chennai and Directorate of Revenue Intelligence, Chennai was conducted in the intervening night of 12/13.02.2011 at Arignar Anna International Airport, Meenambakkam, Chennai in the presence of witnesses viz., (1)PW3-Shri.Ram Prasad Reddy, Superintendent, Air Intelligence Unit, Anna International Airport, Chennai. (2)PW5-Shri.M.Victor Wilson, Air Customs Officer, Anna International Airport, Chennai. and (3)Shri.R.Mohana Shanmuga Sundaram, Intelligence Officer, Anna International Airport, Chennai.

ii) The information available was to the effect that Shri.K.A.A.Salam. Deputy Superintendent of Police, CBI was facilitating the clearance of passengers coming from abroad by Jet Airways flight No.9W225 from Brussels to Chennai and the officers of DRI are participating in the proceedings.

iii) Accordingly, the officers of CBI, ACB, Chennai and Directorate of Revenue Intelligence, Chennai viz., PW-6, Shri.P.Rama Mohana Rao, Deputy Superintendent of Police, CBI, ACB, Chennai, Shri.R.Purushotham, Inspector of Police, CBI, ACB, Chennai, Shri.N.Muruganandam, Senior Intelligence Officer, DRI, Chennai, Shri.R.Srinivasan, Intelligence Officer, DRI, Chennai and PW-10, Shri.M.Ebrahim, Intelligence Officer, DRI, Chennai had entered into the Arrival Hall of Chennai International Airport at about 00:00 hrs on13.02.2011.

iv) It was found that Shri.K.A.A.Salam came into the International Airport Arrival Lounge and contacted PW4- Shri.S.Ganapathy, PRO, Customs. Enquiries with Shri.Ganapathy revealed that Shri Ram Prasad Reddy, Superintendent (Customs) (PW3) had requested him that one officer by name Shri.Salam has to be allowed inside. This request was conceded and a pass to enter into the International Airport was issued in the name of Shri.Salaam. Further, Shri.Ram Prasad Reddy, Superintendent, when he was asked as to how he knew Shri Salam, he had stated that though he was aware of the name, he did not meet Shri.Salaam earlier and this was the first time he met him, he had stated that one Shri.Anburaj, Superintendent (Air Customs) (PW2) working in Air Cargo requested him by a call on his mobile 9841093606 at 7:00 pm on 12.02.2011 to arrange for pass for Shri.Salam to come inside the Customs area. Accordingly, Shri.Ram Prasad Reddy made a request to the PRO and a pass No.A877041 dated 12.02.2011 of Bureau of Civil Aviation Security was arranged on the basis of the photocopy of CBI Identity Card of Shri.Salam, Inspector. This pass contains the name of Shri.Salam alongwith others for whom Customs arranged entry for facilitation.

v) Shri.Salam came upto the visitors area with Airport Authority of India Ticket No.025141, which was produced by him during the proceedings. Shri.Salam came with one Shri. Sadique, S/o Shri.Seeni Mohd.,