IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 Crl.MC.No. 3290 of 2011 ---------------------------------- [C.C.NO.23/2009 OF ENQUIRY COMMISSIONER & SPECIAL JUDGE, THIRUVANANTHAPURAM] .................... PETITIONER/ACCUSED: ---------------------------------- A.K.SUDHAMMA, AGED 52 YEARS, W/O.BASTING, FORMERLY SECRETARY, THODIYOOR GRAMA PANCHAYAT, RESIDING AT 'PLAVILA PUTHEN VEEDU', OZHUKKUTHODU, MARUTHADI.P.O., SAKTHIKULANGARA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.P.ANOOP (MULAVANA). RESPONDENT/STATE: -------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. B. JAYASURYA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/09/2011, THE COURT O N THE SAME DAY PASSED THE FOLLOWING: CRLM.C. NO.3290/2011: APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A TRUE COPY OF THE MAHAZAR PREPARED BY THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE & ANTI CORRUPTION BUREAU, KOLLAM. ANNEXURE B TRUE COPY OF THE FIR IN CRIME NO.4/2008 OF THE VIGILANCE & ANTI CORRUPTION BUREAU, KOLLAM. ANNEXURE C TRUE COPY OF THE CHARGE SHEET FILED BY THE VIGILANCE & ANTI CORRUPTION BUREAU, KOLLAM. ANNEXURE D TRUE COPY OF THE COURT CHARGE IN C.C.NO.23/2009 OF THE ENQUIRY COMMISSION & SPECIAL JUDGE, THIRUVANANTHAPURAM. ANNEXURE E TRUE COPY OF THE NOTIFICATION BROUGHT OUT BY THE RESERVE BANK OF INDIA. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3290 of 2011 ----------------------------------- Dated this the 28th day of September 2011 O R D E R Heard the learned counsel for the petitioner and the learned Public Prosecutor. 2. Petitioner is the accused in C.C.No.23/2009 of the Enquiry Commission and Special Judge, Thiruvananthapuram. The charge sheet was laid against him alleging offences under Secs.7 and 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988. The learned counsel for the petitioner submits that the mahazar relied upon by the prosecution, copy of which is produced as Annexure A, would show that on the top of the currency notes, on the left side, the Dy.S.P. has put his initials. According to the learned counsel, as per Annexure E Circular no writing shall be made on the bank notes. Hence, according to the learned counsel the notes which were stated to have been Crl.M.C. No.3290 of 2011 -: 2 :- accepted by the accused were invalid notes. Here the Dy.S.P. must have put his initials on the currency notes for a specific purpose. The question is whether the currency notes were accepted by the accused from the de facto complainant. It is not disputed that when phenolphthalein test was conducted the result was positive and that the lime water turned pink in colour. The prosecution would certainly rely upon that evidence and the evidence of the witnesses, mahazar and other documents to prove the charge. The petitioner can put forward all the contentions including the contention raised in this petition before the trial court at the appropriate stage. I find no reason to quash the proceeding pending before the trial judge. Hence, this Crl.M.C. is dismissed. N.K.BALAKRISHNAN, JUDGE. Jvt