2016 (5) TMI 592

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.... S.Devarajan. S.Janakiraman died during the pendency of these proceedings as informed to us by the learned senior counsel appearing for the appellants and, therefore, insofar as the appeal of S. Janakiraman is concerned that stands abated and is disposed of as such. We are, accordingly, concerned only with the appeal filed by S.Devarajan. We may point out at this stage itself that three persons were charged for the offence under Section 120B of the Indian Penal 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....

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....um of Rs. 20,000/- of Indian currency and US Dollar 50 were recovered from S.Janakiraman and US Dollars 823, Singapore Dollar 121, Malaysian Dollar 49, Indian currency of Rs. 3590 were recovered from K. Sadasivam. When the aforesaid team led by Assistant Director of Enforcement Directorate (PW-9) after the said search was coming out, they found the appellant-S.Devarajan entering the premises. The inspecting team decided to search him as well and on his personal search 119 US Dollars, Sterling 35, Malaysian Dollar 11 and Indian currency in the sum of Rs. 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. Duri....

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....d money from the appellant-S.Devarajan, without anything further, case under the Prevention of Corruption Act is made out. Section 13(1)(d) of the Act under which the appellant was charged reads as under: - "13. Criminal misconduct by a public servant (1) A public servant is said to commit the offence of criminal misconduct,- x x x x (d) if he,- (i) by corrupt or illegal means, obtains for himself or for any other person 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 an....