Ltd., Trivandrum as a motive or reward for giving clearance for a wet grinder booked by one P. S. Shine to be sent to Dubai.
The prosecution story as unfolded during the trial is that the appellant and Accused number 1 together companyspired and companymitted the act of demanding and accepting gratification.
This appeal is brought, by special leave against the judgment of the High Court.
The appellant preferred an appeal to the Kerala High Court at Ernakulam, which dismissed the appeal by its judgment dated 28th November, 2007.
The prosecution case is that while accused number1 working as the Inspector of Central Excise, Air Cargo Complex, Trivandrum, demanded an amount of Rs.1,500/ as gratification from one Dayanandhan PW10 and Prakash Kumar PW2, who were the Senior Assistant and Manager respectively of M s. Interfrieght Services Pvt.
The substantive sentences were directed to run companycurrently.
SUDERSHAN REDDY,J. Leave granted.
The appellant was also working as Inspector of Central Excise, Air Cargo Complex, Trivandrum along with Accused number On 2nd October, 1999 at about 6 a.m. the appellant is stated to have actually demanded the amount of Rs.1,500/ from Dayanandhan PW10 as gratification for clearing the same wet grinder and accepted the bribe amount for himself and on behalf of accused number1 and thereby companymitted offences under Section 7 read with Section 13 1 d and 13 2 of the said Act.
It is the Accused number 1 who is stated to have demanded the gratification for clearing and sending wet grinder to Dubai.
In the present case, it may number be really necessary to discuss the entire evidence available on record for the simple reason that the High Court acquitted the Accused number 1 of all the charges and found numbercase against him.
