Crl.A.No.3 of 2009

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on : 20.06.2023

Pronounced on : 17.07.2023

CORAM :

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN

Crl.A.No.3 of 2009

and

Crl.MP.No.660 of 2022

1. D.Balasankaralingam.

S/o.Durairaj.

2. B.Jayalakshmi,

W/o.Balasankaralingam.

... Appellants

/versus/

State by Inspector of Police,

Central Bureau of Investigation,

SPE/CBI/ACB, Chennai.

(RC 11(A)/1997).

... Respondents

PRAYER : Criminal Appeal has been filed under section 374 (2) of Criminal

Procedure Code, against the judgment of the learned Additional Special Judge for

CBI Cases, Chennai in CC.No.38 of 1999 dated 30.12.2008 convicting the

Accused No.1/Appellant herein for the offence under Section 13(2) r/w 13(1)(d) of

P.C.Act 1988 and sentencing him to undergo five years R.I and to pay a fine of

Rs.1,00,000/- and in default of payment of fine to undergo imprisonment for a

period of one year and convicting Accused No.2/Appellant herein for the offence

under Section 109 IPC r/w Section 13(2) r/w Section 13(1)(e) of P.C.Act 1988 and

sentencing to undergo a period of 3 years and a fine of Rs.10,000/- in default to

undergo imprisonment for a period of three months.

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Crl.A.No.3 of 2009

For Appellants

:

Mr. N.R.Elango,

Senior Counsel for

Mr.S.Haja Mohideen Gisthi

For Respondent

:

Mr.R.Sudeve Kumar

Senior Public Prosecutor (C.B.I)

J U D G M E N T

This Criminal Appeal has been filed against CC.No.38 of 1999 on the file of

learned Additional Special Judge, CBI Cases, Chennai.

2. The appellants Balasankaralingam and Jayalakshmi are husband and wife.

The first appellant Balasankaralingam is a public servant who joined the Customs

Department as Preventive Officer in the year 1977. While he was serving as

Superintendent (Preventive) of Customs prosecuted for possession of assets

disproportionate to the known source of income.His wife Jayalakshmi was

prosecuted for abetting him to commit the said offence. The Criminal law was set

into motion after the residential premises of the first appellant Balasankaralingam

was searched on 19.02.1997. During the search, liquid cash of Rs.8,81,540/- was

recovered from his residence. Search of two bank lockers operated in the name of

his wife Jayalakshmi/ the second accused/second appellant led to further recovery

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Crl.A.No.3 of 2009

of Rs.5,25,000/- and Rs.25,00,000/- respectively. The search also led to recovery

of cash bills, invoices, share certificates, FD receipts, sale deeds, LIC Policies,

UTI Units and other incriminating materials.

3. The investigation had brought to light that Balasankaralingam who joined

service on 08.12.1977 was terminated from service on 08.01.1980 pursuant to

departmental enquiry. Later, he was reinstated in service as Preventive Officer on

15.12.1987 based on the orders passed by Central Administrative Tribunal. He was

promoted as Superintendent with effect from 09.11.1994. He was not in service

for substantial period of time and he had no other income other than his salary.

While so, the investigation has unravelled, he and his family members were

maintaining several bank accounts and lockers. He had invested in movables and

immovables for which, the sources are unknown. Most of the properties were

acquired after the accused got reinstated in service. Taking the period from

15.12.1987 to 20.02.1997 as check period, the prosecution has collected materials

which prima facie satisfied that the accused has acquired assets value of

Rs.1,10,50,128.22/- disproportionate to his known source of income. Final report

filed with details of assets held at the beginning of the check period and assets

acquired during the check period, the assets held at the end of check period, the

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