The conviction of S.K. Tamotia, the former chairman and the managing director (CMD) of the public sector aluminium major Nalco has been set aside by Orissa High Court.
He was convicted for 3 years, in a disproportionate asset case for a sum of about Rs.8 lakh.
Justice Indrajit Mohanty in his judgement observed that in the case against Tamotia, the trial court did not accept income amounting to Rs.6, 56,741 and enhanced expenditure of Rs.7, 02,941.
He further said, no prima facie justification is found in the impugned judgement as to why income as indicated by the prosecution was not accepted and in fact decreased.
Similarly, the judge questioned why expenditure indicated by the prosecution was not accepted and in fact increased when the computation contained in the charge sheet has been taken as the basis for the prosecution. Besides, no other case whatsoever was made out against Tamotia to substantiate the allegation of disproportionate asset.
Therefore, Justice Mohanty finally concluded that since Tamotia is a highly qualified technocrat and there has been non-application of mind by lower court leading to erroneous judgement, this is an exceptional and a rare case in which the order of stay of conviction should be passed and thus directed the stay of conviction.
