State Represented by CBI/SPE, Cochin by Inspector of Police v. Jayaraman Gopal
LOK 2026 (10) Ker. 161
Equivalent citations: 2026 KER 80195
- Court
- High Court of Kerala
- Bench
- A. Badharudeen; J.
- Case No.
- Crl. R.P. No. 1212 of 2016
Counsel Revision Petitioner by Adv. K.M. Firoz, Spl. Public Prosecutor for CBI Respondents: R1 To R4 by Advs. B. Raman Pillai (Sr.), R. Anil, T.Anil Kumar, A. Rajesh, M. Sunilkumar, Sujesh Menon V.B., Thomas Abraham (Nilackappillil), M. Vivek R5 to R7 P. Vijaya Bhanu (Sr.), Geo Paul, Lenin P. Sukumaran, Radhika Rajasekharan P., K.S. Sreenath, Jerry Varghese, C.R. Pramod
Provisions referred
Headnote
Penal Code, 1860 — Sections 120B (now BNS 61(2)) & 420 (now BNS 318) — Prevention of Corruption Act, 1988 — Section 13(1)(d) r/w Section 13(2) — Criminal Conspiracy, Cheating & Criminal Misconduct — Purchase at Enhanced Rates.
Where public servants in a public sector undertaking (HOCL) allegedly bypassed lower quotes and tender norms to purchase imported Cumene at enhanced rates ($688/MT instead of $663/MT) from a private supplier without prior approval of the Purchase Committee or Board, causing an alleged loss of over ₹10.15 Crores: Held, overall profitability on the finished products does not erase the offense of obtaining pecuniary advantage by abuse of official position. Prima facie criminal conspiracy can be inferred from coordinated acts and surrounding circumstances. Order of discharge set aside.
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