TMI Blog2016 (5) TMI 592X X X X Extracts X X X X X X X X Extracts X X X X ..... he aforesaid mandatory ingredients which could implicate the appellant under the provisions of Section 13(1)(d)(ii). The only argument which is sought to be raised is that when the aforesaid foreign currency was found in the possession of the appellant, he did not come out with any explanation as to from where he got this currency. This argument is beyond our comprehension. It is stated, at the cost of repetition, that it is the prosecution which has to prove its case in a criminal charge leveled against the accused person and it is not the accused person who has to put up his defence. Only when there is sufficient evidence placed on record by the prosecution which may prove the guilt of the accused person, the accused person may come out w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Code (IPC) and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the 'Act'). The third person was one K. Sadasivam. He had filed a separate appeal but he also died and on that ground, the said appeal was disposed of as abated. Brief facts are that all the three accused persons were working as officers of the State Bank of India Extension Counter at the Airport Terminal (International), Chennai at the relevant time, i.e., October, 1990. This exchange branch was catering various exchange needs of the outgoing and incoming passengers and also collected customs duty. The function of the appellants was to purchase foreign currency at the bank rate by issuing encashment cert ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sonal search 119 US Dollars, Sterling 35, Malaysian Dollar 11 and Indian currency in the sum of ₹ 7,000/- was seized. Mahazar (Ex.P.16) was prepared in respect of this seizure. It would also be pertinent to point out that even the houses of these three accused persons were searched. During that search, though some incriminating material was found in the house of S.Janakiraman and K.Sadasivam, no such incriminating material was found from the house of S.Devarajan. On the basis of the aforesaid search, a case against all the three accused persons was registered under Section 120B read with Section 420 of the IPC and Section 13(2) read with 13(1)(d) of the Act. Learned Additional Special Judge, Chennai, after the trial, convicted a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any valuable thing or pecuniary advantage; or (ii) by abusing his position as a public servant, obtains for himself or for any other person any valuable thing or pecuniary advantage; or (iii) while holding office as a public servant, obtains for any person any valuable thing or pecuniary advantage without any public interest; or The prosecution itself accepts that it is not endeavouring to cover the case of the appellant under sub-cause (i) and (iii). Insofar as sub-clause (ii) is concerned, which is pressed into, it stipulates that a public servant is said to commit the offence of criminal misconduct if he by abusing his position as a public servant, obtains for himself or for any other person any valuable thing or pecuni ..... X X X X Extracts X X X X X X X X Extracts X X X X
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