Madurai Bench of the Madras High Court has refused to discharge an accused in a CBI case related to diversion of subsidised potassium chloride, meant for agriculture, to firecracker and match industries, causing a loss of more than Rs 80 lakh to the Central Government.
Justice P R Shivakumar held that petitioner K S R Selvarajan, who is the 14th accused in the case prosecuted by CBI, could not be discharged since materials collected by the investigating agency raised "grave suspicion" that he had indulged in shady transactions in fictitious names in the purchase of the chemical.
The 15 accused have been charged with purchasing around 10 tonnes of subsidised potassium chloride, meant for farm operations, from unauthorised dealers and selling it to cracker and match industries, thereby causing a loss of Rs.80.68 lakh to the Centre.
Dismissing the petition of Selvarajan, the Judge noted that the agents had given statements to the effect that such bogus dealings were made. The materials were transported without proper invoices.
While considering the application for discharge, the court shall not be justified in evaluating the evidence by entering into a discussion and consideration of the evidence to find out whether such evidence is trustworthy, genuine or believable.
The court had to accept the evidence sought to be adduced on their face value and consider whether such evidence was enough to make out a prima facie case against the accused, the Judge said.
There was material providing sufficient ground for presuming that the petitioner had committed the offences alleged in the final report, the judge said.
The Chief Judicial Magistrate had rightly dismissed the discharge application filed by the accused on Dec31, 2013, and hence there was no necessity for the high court to revise the lower court's order, he added.
