HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD *****

Criminal Appeal No. 1450 OF 2009 Between:

Sri G.Narayana Reddy (Rtd) … Appellant/Accused And State of A.P. … Respondent/complainant DATE OF JUDGMENT PRONOUNCED: 16.04.2025 Submitted for approval.

THE HON’BLE SRI JUSTICE K.SURENDER

1 Whether Reporters of Local newspapers may be allowed to see the Yes/No Judgments?

2 Whether the copies of judgment may be marked to Law Reporters/Journals Yes/No

3 Whether Their Ladyship/Lordship wish to see the fair copy of the Yes/No Judgment?

__________________

K.SURENDER, J * THE HON’BLE SRI JUSTICE K. SURENDER + CRL.A. No. 1450 of 2009 % Dated 16.04.2025 # Sri G.Narayana Reddy (Rtd) … Appellant/Accused And $ State of A.P. … Respondent/complainant ! Counsel for the Appellant: Sri Koteswara Rao Mummaneni ^ Counsel for the Respondent : Sri T.Bala Mohan Reddy Spl.Public Prosecutor for ACB >HEAD NOTE:

? Cases referred

1. (2023) 6 SCC 768: 2022 SCC OnLine SC 1150

2. (1992) 4 SCC 45

3. (1995) 6 SCC 749 4. (1977) 1 SCC 816

HON’BLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL No.1450 OF 2009

JUDGMENT:

1. This criminal appeal is filed by the appellant, aggrieved by the judgment dated 14.10.2009 in C.C. No. 14 of 2003, passed by the Additional Special Learned Special Judge for SPE & ACB Cases, City Civil Court, Hyderabad, whereby the appellant was convicted for the offence under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988, and was sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.5,000/-, and in default of payment, to undergo simple imprisonment for a further period of six months.

2. Briefly, the facts of the case are that the appellant/accused served as the Assistant Director of Agriculture from 30.4.1991 to 31.5.1999. On credible information that the appellant, while working in various capacities in the Agricultural Department and as Assistant Director of Agriculture, had acquired substantial assets in his name and the names of his dependents, a case was registered under Cr. No. 5/ACB-HR/97 on 12.3.1997. The case was registered under sections 13(2) read with 13(1)(e) of the Prevention of Corruption Act, 1988, on the authorization of the Additional Director, ACB, Hyderabad, vide proceedings no. 45/RCH/HMR/97 dated 22.3.1997, and an investigation was initiated.

3. During the investigation, after obtaining search warrants from the Hon’ble Court on 23.3.1997, searches were simultaneously conducted at the appellant’s residential premises at no. 4-1-124, Attapur village, Ranga Reddy District, at his house located at no. 3-5- 199/A/7, Harivihar Colony, Narayanguda, and at his office situated in Nalgonda. Furthermore, the appellant's residential house was also searched under section 165 of CrPC, during which incriminating documents relating to assets, income, and expenditure were seized. During the course of the investigation, a locker bearing no. 19, Indian Bank, main branch, Koti, was also found, and several incriminating documents were seized. Another locker, locker no. 41, at Indian Bank, main branch, Koti, was searched on 26.3.1997, and gold and jewellery worth Rs 27,700 were found and inventoried.

4. For the purpose of the investigation, the check period was set from 1.2.1968 (the date the appellant entered government service) to

23.3.1997 (the date of searches).

5. The incriminating material/documents seized during the searches revealed that the appellant was in possession of assets amounting to Rs 28,20,569.28 as of the terminal date of the check period. The total income of the appellant during the check period was calculated to be Rs 19,45,111, and his expenditure was calculated to be Rs 14,75,546.70 as of the terminal date of the check period. The likely savings of the appellant as of the terminal date of the check period were calculated to be Rs 4,69,565.00 (total income of Rs

19,45,111.00 - total expenditure of Rs 14,75,546.70).

6. Thus, the appellant was found to be in possession of dis