Allowed

Safarulla K. v. State of Kerala

Kerala HC6 Aug 2020Crl.MC/1723/2020

Case brief

AI extract

What is this about?

The High Court at Ernakulam quashed criminal proceedings against an RTO official arrayed as a second accused. The court held that the case diary lacked incriminating evidence connecting the petitioner to the alleged forgery and corruption, especially given his leave status on the incident date.

What did the court decide?

Criminal Misc. Case No. 1723/2020 is allowed and further proceedings as against the petitioner alone are quashed.

Safarulla K. Vs State of Kerala — Corruption | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SUNIL THOMAS

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THURSDAY, THE 06TH DAY OF AUGUST 2020 / 15TH SRAVANA, 1942

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Crl.MC.No.1723 OF 2020(E)

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CRIME NO.6/2015 OF VACB, MALAPPURAM

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PETITIONER/2nd ACCUSED:

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SAFARULLA K. AGED 55 YEARS SENIOR SUPERINTENDENT, REGIONAL TRANSPORT OFFICE, KOZHIKODE (S/O. ABDULLA KOYA, KUNDUNILAKAM HOUSE, KOZHIKODE)

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BY ADVS. SRI.P.SAMSUDIN SRI.M.ANUROOP SMT.S.K.SREELAKSHMY

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RESPONDENT/STATE AND COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY THE SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.

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2 THE DEPUTY SUPERINTENDENT OF POLICE VIGILANCE AND ANTI CORRUPTION BUREAU, MALAPPURAM, CIVIL STATION, MALAPPURAM - 679 505.

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OTHER PRESENT:

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SPL.GP SRI.A RAJESH

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 28-072020, THE COURT ON 06-08-2020 PASSED THE FOLLOWING:

Crl.M.C.1723/2020

ORDER

Petitioner is arrayed as the second accused in FIR No.VC 6/2015 of Vigilance and Anti Corruption Bureau, Malappuram. Petitioner was working as the Junior Superintendent in the office of Regional Transport Office, Tirur. While so, on 23.08.2014, the second respondent conducted a surprise check in the office of the Joint Regional Transport Office, Tirur and recovered 15 numbers of blank driving licenses one license without lamination, 11 numbers of registration certificates from the possession of the 6^th accused, 15 numbers of blank registration certificates, driving licenses, permits, insurance certificates, tax tokens, fitness certificates, pollution certificates, transfer applications, registration certificates of several vehicles, transfer applications of different vehicles and the RC and permit of vehicles. A sum of Rs.26,570/- was found in the possession of the 7^th accused. Two security holograms and RC of the vehicle were found in the possession of the 8^th accused. A register with secret codes and the names of various motor driving schools and individuals were also found. Alleging that the motor vehicle agents were actively interfering and influencing the official matters of the joint RTO, Tirur and even possessing and handling security holograms, blank RC books and a driving license without lamination, for the purpose of forging valuable documents, the FIR was

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registered. Investigation is progressing.

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As per the FIR, the petitioner stands arrayed as the second accused along with four other officers of the RTO Tirur and three private persons, who were motor vehicle agents. The prosecution is challenged by the petitioner contending that, he is absolutely innocent of the allegations and that he had been maintaining unblemished record of service. He was actually on leave on 23.08.2014 and consequently, he cannot be attributed with any of the illegalities allegedly committed in the office on that day. He cannot be held responsible for the possession of various items kept by the agents. It was also contended that, in spite of the lengthy investigation commencing from August 2014, no incriminating circumstance connecting the accused with the incident and the alleged malpractices could be unearthed till now and the delay in completion of investigation affects the career prospects of the petitioner. It was contended that, RC books and documents were delivered to the RTO office by C-DIT. 15 RC books which were found in possession of one of the accused were not supplied to the RTO, Tirur. Hence, petitioner cannot be held responsible for it.

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Admittedly, several documents including security documents have been recovered from the possession of three private persons who are the motor vehicle agents. It is also not in dispute that the petitioner was on leave on 23.08.2014 which is established by Annexure-A2 extract of the attendance register report dated 23.08.2014. Mahazar

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Crl.M.C.1723/2020

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was prepared by the vigilance, a copy of which is produced as Annexure-A3. It shows that, 15 blank RC books, 2 holograms and one unlaminated RC book were recovered. Remaining RC books related to different vehicles. It is also true that, various blank forms were also recovered. Among the documents recovered, the blank RC books, unlaminated RC book and two holograms assume significance. They can be considered as crucial security documents, which can under no circumstance, be handed over by the officials of the concerned RTO office to private parties. Definitely, officers of the concerned RTO office are bound to account for it.

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Regarding the 15 blank RC books, specific contention of the petitioner was that, they were issued to the RTO office Tirurangadi and not to RTO Office Tirur. Petitioner heavily relied on Annexure-A4, which is the communication received from the State Public Information Officer, Sub Regional Transport Office, Tirur dated 03.04.2019, in reply to an application submitted under the RTI Act. It shows that, 15 RC books referred to in Annexure-V mahazar and corresponding RC print sheets were not received by the RTO office, Tirur. In the statement filed by VACB dated 20.03.2020, the procedure for receiving the holograms, RC books and such security documents are referred to. It was revealed that, the stationary items needed to the Sub Regional Transport Office Tirur and pre-prints of registration certificates, driving licenses and holograms are supplied from the office of the Transport Commissioner,

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Trivandrum and C-DIT (Centre for Development of Imaging Technology). The clerk holding the charge of the Sub Regional Transport Office, Tirur will receive the items and issue it to the section clerks as per demand. For this purpose, stock register and an issue register are maintained in that office. The junior superintendent working in the office has obligation to supervise the clerk holding the charge of the store. It was alleged that the petitioner herein had an obligation to supervise all works relating to the Transport office. It was stated in the statement that the holograms from C-DIT were received by 4^th accused on 18.08.2014. It was stated that, on the same day, the joint RTO of Tirur verified it. He was the custodian of the holograms and he has put his signature acknowledging the receipt of the holograms. In an identical Crl.M.C.No.2919 of 2019 filed by first accused, a detailed statement dated 29.04.2019 was filed by the vigilance. In it, it was revealed that, RC books which are referred to above were infact forwarded to the RTO office, Tirurangadi. This is specifically mentioned in paragraph 6 of the objection dated 29.04.2019. That being the position, petitioner herein cannot be held responsible for the possession of such RC books by the agents.

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Regarding the holograms, it is stated in the detailed statement dated 26.08.2019 that, they are issued from the office of the Transport Commissioner Trivandrum and C-DIT. A Register is maintained in the Regional office, Tirur as C-DIT – stock register. From

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the register, it was revealed that the petitioner herein was the custodian of the hologram. He has put signature for having accepted the holograms and checked and verified the same in the stock register for its distribution among different clerks in the office. This position is confirmed through the statement of various other witnesses. It was revealed that the holograms were also issued to 7 officers referred to in the above statement. The fifth accused was issued with 2490 holograms. There is nothing to show that the above item went missing from the possession of the petitioner.

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The above facts clearly show that the physical custody of the holograms supplied to each clerk is with that clerk and he is answerable for it. It is true that the superintendent is the person who is directly supervising the custodian. However, the role of the petitioner herein to the level of a criminal liability is not revealed from the available materials. However, his duty seems to have been discharged by him by checking and verifying the stock register and its distribution on 18.08.2014, few days prior to the surprise check. Hence, if any agent was found in possession of hologram, that has to be answered by the concerned clerk. Infact, it is stated in the reply that the 5^th accused had given holograms to the 8^th accused, from whose possession it was recovered. Hence, that criminal offence cannot be attributed to the petitioner herein and his liability, if at all, can only be that of latches in supervising of his subordinates, which cannot amount to a criminal

Crl.M.C.1723/2020

offence.

It is also alleged that a note book with secret code was seized during the surprise check from the shelf of RTO office, Tirur. It was kept unofficially with an index assigning secret codes for various motor driving schools and individuals. On the basis of this, vigilance arrived at a conclusion that, there existed a unholy nexus between the officials and the transport agents.

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An evaluation of the materials show that, though investigation is being conducted since 2015, case diary does not disclose any incriminating materials as against the petitioner herein though materials are available in relation to most of the other accused. In the light of above peculiar circumstances, I feel that, no purpose will be served at this length of time by continuing the prosecution against the petitioner. Crl.M.C is liable to be allowed quashing further proceedings as against the petitioner, in the absence of any materials to connect him with the offences alleged against him.

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In the result, Crl.M.C is allowed and all further proceedings as against the petitioner herein alone stands quashed. Investigation can continue in relation to the remaining accused.

Sd/-

SUNIL THOMAS

Sbna

JUDGE

Crl.M.C.1723/2020

APPENDIX OF Crl.MC 1723/2020

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PETITIONER'S EXHIBITS:

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ANNEXURE A1 TRUE COPY OF THE FIR NO.VC 06/2015/SCK OF VIGILANCE AND ANTI CORRUPTION BUREAU, MALAPPURAM DATED 28.1.2015. ANNEXURE A2 TRUE COPY OF THE EXTRACT OF ATTENDANCE REGISTER DATED 23.8.2014 MAINTAINED IN THE OFFICE OF THE REGIONAL TRANSPORT OFFICE, TIRUR. ANNEXURE A3 TRUE COPY OF THE SEIZURE MAHASAR IN VC 06/2015/SCK OF VIGILANCE AND ANTI CORRUPTION BUREAU, MALAPPURAM DATED 10.3.2016. ANNEXURE A4 TRUE COPY OF THE COMMUNICATION RECEIVED UNDER THE RIGHT TO INFORMATION ACT DATED 3.4.2019. ANNEXURE A5 TRUE COPY OF THE RELEVANT PAGES OF THE STOCK REGISTER. ANNEXURE A6 TRUE COPY OF THE OFFICE ORDER NO.1/2014 OF THE JOINT RTO, TIRUR DATED 6.6.2014. ANNEXURE A7 TRUE COPY OF THE ORDER DATED 19.6.2019 ISSUED BY THE SECRETARY TO TRANSPORT DEPARTMENT. ANNEXURE A8 TRUE COPY OF THE ORDER DATED 10.2.2020 IN CRL.M.C.NO.2919/2019 OF THIS HON'BLE COURT.

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Safarulla K. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Safarulla K. v. State of Kerala

Case brief

What is this about?

What did the court decide?

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