IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 Crl.MC.No. 4671 of 2010() ------------------------------------- CC.NO.3/2010 of ENQUIRY COMMISSIONER & SPECIAL JUDGE, TRIVANDRUM .................... PETITIONER(S): ACCUSED NO.2 ----------------------------------------------- NARAYANAN PILLAI,S/O.MADHAVAKURUP, MANAGING PARNTER,NATIONAL BIO-FERTILIZERS, SASTHAMANGALAM,THIRUVANANTHAPURAM,(R/AT RAKENDHU, T.C.6/1242(4),PAZDAYANI ROAD,VATTIYOORKAVU, THIRUVANANTHAPURAM). BY ADV. SRI.S.V.RAJAN SRI.R.SUDHISH SMT.M.MANJU SRI.A.N.PREMLAL SRI.K.R.RANJITH RESPONDENT(S): COMPLAINANTS --------------------------------------------------- 1. STATE OF KERALA,REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, COCHIN-31. 2. VIGILANCE AND ANTI CORUPTION BUREAU, REP.BY DEPUTY SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM UNIT. BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.4671/2010 APPENDIX PETITIONER'S ANNEXURES: ANNEX A1 COPY OF THE CHARGE SHEET IN CC NO.3/2010 ON THE FILE OF THE COURT OF ENQUIRY COMMISSIONER AND SPECIAL JUDGE, THIRUVANANTHAPURAM. ANNEX A2 COPY OF THE FIR NO.VC.2/2000/TVPM DATED 7/3/2000 OF VIGILANCE POLICE STATION, THIRUVANANTHAPURAM. ANNEX A3 COPY OF THE FIR NO.VC.3/2000/TVPM DATED 7/3/2000 OF VIGILANCE POLICE STATION, THIRUVANANTHAPURAM. ANNEX A4 COPY OF THE ORDER DATED 16/1/2004 OF THIS HON'BLE COURT IN CRL.M.C.NO.5308/2003. ANNEX A5 COPY OF THE LETTER NO.6(15)/90-BIOFERT/3524 DATED 22/10/1992 OF GOVERNMENT OF INDIA, MINISTRY OF AGRICULTURE, NATIONAL BIOFERTILIZER DEVELOPMENT CENTRE, GHAZIABAD ANNEX A6 COPY OF THE LETTER UNDER REFERENCE NO.10 (3)/95-BF/3135 DATED 12/12/1995 ISSUED BY THE GOVERNMENT OF INDIA,MINISTRY OF AGRICULTURE,NATIONAL BIOFERTILIZER DEVELOPMENT CENTRE, GHAZIABAD. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.4671 of 2010 ----------------------------------- Dated this the 4th day of November 2011 O R D E R Petitioner is the 2nd accused in C.C.No.3/2010 pending before the Enquiry Commissioner and Special Judge, Thiruvananthapuram. The petitioner contends that there are no materials to proceed against the petitioner. The charge against him is under Sec.13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988 and Sec.120(B) of IPC. The allegation is that, petitioner being the Managing Partner of M/s.National Bio Fertilizers, Sasthamangalam entered into a criminal conspiracy with A1 and pursuant to the criminal conspiracy, A1 issued orders to purchase the required quantity of bio-fertilisers for the Agricultural Department at the rate of Rs.50/- per kg. as against the government rate of Rs.20/- per kg. Thus, at the rate of Rs.30/- per kg loss was occasioned to the State. The total Crl.M.C. No.4671 of 2010 -: 2 :- amount of loss caused by purchasing at that rate is stated to be Rs.13,16,945/-. I am not entering into other aspects of the case, as I find no reason to invoke Sec.482 Cr.P.C. in this case. The petitioner can move the trial court for an order of discharge. This Crl.M.C. is disposed of accordingly. N.K.BALAKRISHNAN, JUDGE. Jvt