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State through Inspector of Police v. A. Arun Kumar and Another

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 2602 of 2014)Decided 17 Dec 2014
Criminal Appeal No. 2602 of 2014
Justice Dipak Misra · Justice Uday Umesh Lalit

Background

Customs officials were accused of joining a scheme to inflate export documents and obtain excessive duty drawback. The Special Court refused their request for discharge and framed charges, but the High Court held that there was no supporting material. The State appealed against that removal of the charges.

Decision Breakdown

The Court examined corresponding shipping and exchange-control documents showing added digits that substantially inflated quantities and values. Those materials raised grave suspicion sufficient for charges, even though conviction would require proof at trial. An attempt charge under Section 15 of the Prevention of Corruption Act did not require a separate charge for the completed Section 13 offence, particularly where intervention had stopped payment. The Court allowed the appeal, restored the Special Court's order and required the respondents to face trial. It expressly left the merits and guilt for the trial court.

Lesson Learnt

The court must examine real supporting material before putting someone on trial, but it need not decide guilt at the charge stage. An alleged fraudulent attempt can be prosecuted even when intervention prevents the intended payment from being received.

Official source (sci.gov.in)View Judgment (PDF)

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