REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 945 of 2003

Ashok Tshering Bhutia

…Appellant

Versus

State of Sikkim

…Respondent

J U D G M E N T

Dr. B.S. CHAUHAN, J.

1.

This appeal has been preferred against the judgment and order

dated 11.12.2002 passed by the High Court of Sikkim at Gangtok in

Criminal Appeal No. 4 of 2002, upholding the judgment and order

dated 30.5.2002, passed by the Special Judge, Prevention of

Corruption Act, Gangtok in Criminal Case No. 4 of 1997, convicting

the appellant for the offences punishable under Section 13(2) read

with Section 13(1)(e) of the Prevention of Corruption Act, 1988

(hereinafter called as PC Act 1988) and awarding him the sentence of

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

further RI for six months.

2.

Facts and circumstances giving rise to appeal are as under:

(A)

The appellant joined the Special Branch of Police in the State

of Sikkim as a Constable in 1972. He was accorded promotion to the

rank of Head Constable in 1976, and was subsequently promoted on

an ad hoc basis to the post of Inspector in 1987. His services were

attached to the Hon’ble Chief Minister of Sikkim in 1987. The

appellant was repatriated to his parent department, i.e. the Reserve

Line, in 1994.

(B)

An FIR dated 5.1.1996 was registered against the appellant by

the DSP, CBI (ACB) under Section 13(2) r/w Section 13(1)(e) of the

PC Act 1988, alleging that the appellant was in possession of

disproportionate assets to the tune of Rs.6,46,805/- and had

accumulated the same between 1987 to 1995.

(C)

The appellant received the office memorandum dated 5^th/31^st

August, 1996 from the Superintendent of Police, Police Headquarters,

Gangtok, directing him to give a consolidated statement of the

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immovable properties inherited and/or owned or acquired by him in

his name or in the name of any member of his family during the

period from 1987 to 1995, as per the requirements of statutory

provisions in the Sikkim Government Servants Conduct Rules, 1981

(hereinafter called Rules 1981).

(D)

The appellant submitted the required information vide

document Ext. D-4 on 10.9.1996 giving full details of the properties

acquired and possessed by him. The Director General of Police,

Sikkim granted sanction on 5.4.1997, under the provisions of Section

19(1)(c) of the PC Act 1988 to prosecute the appellant under Section

13(2) r/w Section 13(1)(e) of the PC Act 1988.

(E)

The charge sheet was submitted against the appellant on

23.4.1997, alleging that he was found in possession of the assets dis-

proportionate to his known sources of income, to the tune of

Rs.18,25,098.69, which had been acquired by him, abusing his official

post during the period from 1.4.1987 to 10.1.1996.

(F)

The learned Special Judge vide order dated 18.6.1998 came to

the conclusion that there was a prima facie case against the appellant

to try him for the aforesaid charges.

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(G)

Being aggrieved, the appellant approached the High Court by

filing the Revision Petition No.4 of 1998 challenging the aforesaid

order. The High Court disposed of the said petition vide order dated

26.8.1998 holding that it would be the duty of the Investigating

Officer to establish its authority at the time of commencement of the

trial.

(H)

During the course of trial, the prosecution examined 26

witnesses and the statement of the appellant was recorded under

Section 313 of the Code of Criminal Procedure, 1973 (hereinafter

called Cr.P.C.) on 29.11.2001. Subsequent thereto, in support of his

case the appellant also examined 4 witnesses. The Special Judge held

the appellant guilty of the aforesaid charges vide judgment and order

dated 30.5.2002 and awarded the punishment mentioned hereinabove.

(I)

Being aggrieved, the appellant approached the High Court