Kalyanaraman Ganesh Vs Central Bureau of Investigation CBI (Gauhati High Court)
The Gauhati High Court decided an appeal filed under Section 27 of the Prevention of Corruption Act, 1988 read with Section 374 of the Code of Criminal Procedure challenging the judgment dated 26.03.2013 of the Special Judge, CBI, Assam, whereby the appellant was convicted under Sections 13(1)(e) and 13(2) of the Prevention of Corruption Act and sentenced to rigorous imprisonment for three years with a fine of Rs.50,000.
According to the prosecution case, while serving as Chief General Manager, Telecom, North-East Task Force, the appellant was intercepted at Guwahati Airport on 06.09.1997 carrying cash. An amount of Rs.25,31,200 was recovered from his baggage, and a further Rs.4,00,000 was recovered from his residence on the following day. Initially investigated by Assam Police, the case was later transferred to the CBI, which filed a charge sheet alleging that Rs.29,31,200 constituted disproportionate assets. During framing of charge, the Special Judge discharged the other accused persons and proceeded only against the appellant under Sections 13(1)(e) and 13(2) of the Prevention of Corruption Act.
The appellant challenged the conviction on numerous grounds, including defective investigation, improper alteration of the check period, failure of the prosecution to establish disproportionate assets, invalid sanction for prosecution, absence of State consent under the Delhi Special Police Establishment Act, defective examination under Section 313 CrPC, inadmissibility of alleged confession, and improper appreciation of defence evidence. The appellant consistently maintained that the seized money belonged to defence witness Nima Tsering Khrime, who had allegedly entrusted the amount to him for purchasing diamond jewellery from the appellant’s father-in-law in Chennai. The defence also relied upon documentary evidence relating to quotations for jewellery and evidence regarding the financial capacity of DW-1.
