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On 16.7.1992, PW2 informed PW3 that the owner of the ship refused to pay the amount whereupon PW3 suggested that the same may be reported to CBI. PW2 as per the said suggestion gave a complaint to the Superintendent of Chennai Central Bureau of Investigation. A trap was arranged on 17.7.1992. The Superintendent of Chennai Central Bureau of Investigation having received the said report called the Inspector Ramasamy (PW8) to register a case whereupon a First Information Report was prepared and sent to Special Judge of Madurai. A committee was formed under the control of the Deputy Superintendent Jones, Inspector Vijaykumar, R.S.O. Raju who came to Tuticorin in a hired taxi bearing registration No. TSE 2828. A room in a hotel known as Sugam International was booked. PW3 was asked by PW8 to meet him in the said room. PW3 issued a cheque for the company's account drawn on the Federal Bank of India Branch of Tuticorin (marked as Ex. P.7) for a sum of Rs. 50,000/- and the same was withdrawn. Azhagan Muthazhagan (PW7) and Shanmugam (not examined) were brought as witnesses. In the bundles having currency notes of Rs. 50,000/- upon having been obtained from PW3, Phinopthalene powder was applied therein. Sodium Carbonate solution was also prepared in a glass tumbler and PW8 dipped the hands of Shanmugam therein resulting in no change in the solution. Then the bundles filled in the Phinopthalene powder were given to Shanmugam whereafter his hands were dipped in the same solution and the colour thereof changed into light red. This experiment was explained to all of them. The said powder was thereafter applied on all the bundles of the currency notes and were kept in a bag brought by PW2. The serial numbers printed in the currency bundles were also noted. Four-five visiting cards of PW2 were taken and handed over to PW4 who was asked to introduce himself as Chandramohan (PW2). They were told to use a signal specified to them. When PW3 and PW4 went to the house of the accused, he was found absent. The wife of the Respondent allegedly informed that he would return after 7 p.m. As the pre-arranged signal of the decoy witness might not have been feasible in the night, it was changed to lighting of a cigarette. Vijaykumar and Rajan were waiting at some distance from the house of the Respondent whereas PW8 and others were waiting 60 ft. away therefrom. Upon noticing the Respondent entering his house, PW3 and PW4 entered the premises and pressed the door bell.

Our attention was also drawn to the fact that prior to joining of the Respondent, the average income of the Board was Rs. 62/- which within a period of four months was raised to Rs. 47,642/-.

It was further submitted that in a case where two views are possible, this Court in exercise of its jurisdiction under Article 136 of the Constitution of India may not interfere with a judgment of acquittal.

The charge framed against the Respondent in terms of Section 211 of the Code of Criminal Procedure was that while on duty on 15.7.1992, he demanded a sum of Rs.50,000/- as illegal gratification from PW-3 of M/s Raja Agencies for giving clearance certificate for the vessel M.V. Lilly and pursuant to the said demand, he was offered the said amount which he accepted on 17.7.1992 as a motive or reward for issuing clearance certificate for the said vessel. No charge was framed against the Respondent that he continued with his demand despite releasing vessel M.V. Lilly stating that if the said amount is not paid, he would detain another vessel of which PW3 was the sub-agent. It is not disputed that the Respondent had the authority to make inspection of the said vessel at the Port of Tutucorin. It is further not in dispute that when defects in the vessel were pointed out, the master thereof was required to remove the same. The surveyor is merely concerned with inspection of the vessel whereupon he may point out certain defects. Only when such defects are rectified, the vessel is released. All the materials on records including the documents which were seized on 17.7.1992 disclose that the defects were pointed out to the master of the vessel M.V. Lilly and the same having been rectified , it was allowed to leave the harbour on 16.7.1992. The prosecution case, as disclosed by PW- 3, was that on his request the same was done, as he had stated that a sum of Rs.50,000/- would be paid by him failing which he may retain another vessel (M.V. Villa Ali) of which he was the agent, was not the subject matter of charge. It appears that the suggestion was made by PW-3 himself. There was no demand to that effect by the Respondent . PW-3, further disclosed that the said vessel was already anchored outside the port. . In the complaint to the CBI made by PW-2 on 16.7.1992, it is stated that PW-3 himself suggested on 15.7.1992 that another vessel may be retained by the Respondent if the aforementioned sum of Rs.50,000/- was not paid.

We have noticed hereinbefore that such charge was not framed. Furthermore, the harbour master in his deposition stated that MV Villa Ali was anchored on 16.7.1992 at 1 p.m. and brought inside the harbour on 19.7.1992 at 5.30 p.m. M.V. Villa Ali left the Port on 19.7.1992 at 6.45 p.m. Thus, evidently the statements of PW3 were not correct. A trap was laid by the CBI on 17.7.1992 i.e. much prior to bringing of the said vessel M.V. Villa Ali in the harbour on 19.7.1992. Furthermore, having regard to the fact that the said vessel M.V. Villa Ali was anchored only at 1.p.m. on 16.7.1992, it cannot be believed that PW-3 could have said on the evening of 15.7.1992 or even in the morning of 16.7.1992 that the vessel was already anchored outside the port.

The conduct of PW-8 is also not above board. A complaint was made for a specific purpose. He did not have any warrant with him to search the house. He did so to show his over-zealousness. It has also not been explained by the prosecution as to why the complaint had to be lodged by PW-2 at Madras. Admittedly, the CBI Court is situated at Madurai. It is expected that when a demand was made by the Respondent to PW-3, he would go and lodge a complaint at the nearest place particularly when the complaint was lodged at his instance. The complaint of PW-2 was not only entertained. All the officers also came with him in a hired taxi. They stayed in a hotel. PW-3 evidently had a bank account at Tuticorin. The company was carrying on a business through its sub-agent. Thus, even he could come over to Tuticorin and ledge a complaint. He did choose to do so, the reason wherefor is not explained. The natural conduct of PW-2 would have been to verify the fact from the Respondent particularly when to his knowledge, the vessel M.V. Lilly had already been released.