UNION OF INDIA versus PRAFULLA KUMAR SAMAL & ANR.

UNION OF INDIA v. PRAFULLA KUMAR SAMAL & ANR.

November 6, 1978

229

A

B

[S. MURTAZA FAZAL ALI AND D. A. DESAI, JJ.]

Code of Criminal Procedure, 1913, S. 227-0rder of discharge by a Special

Judge, scope and ambit.

The second respondent, a Land Acquisition Officer, allegedly, by abusing his official position, concealed the fact that the land which was the subject c· matter of acquisition was reaily Khasmahal land belonging to the Government and having made it appear that the first respondent was the undisputed owner of the same, aided and abetted him in getting a huge sum of money as com pensation.

The charge-sheet was submitted before the Special Judge, and the prosecu- tion requested him to frame a charge against the respondents under ss. 5 (2) and 5 ( 1) ( d) of the Prevention of Corruption Act read with s. 120B IPC. The Special Judge, Puri went through the charge-sheet, statements made by the witnesses before the police and other documents, and coming to the conclu- sion that there was no sufficient ground for framing a charge against the res pondents, discharged them under s. 227 Cr.P.C. ,1973. after giving cogent reasons for passing the order of discharge. In revision the High Court upheld the Special Judge's order of discharge.

Dismissing the appeal by special leave, the Court-

HELD :

l. The considerations governing the interpretation of s. 227 of Cr. P.C. apply mutatis mutandis to the proceedings under the Prevention of Cor ruption Act, &fter the charge-sheet is submitted before the Special Judge. At the stage of s. 227, the Judge has merely to sift the evidence in order to find out whether or not, there is sufficient ground for proceeding against the accused. The sufficiency of ground would take within its fold, the nature of the evidence recorded by the police, or the documents produced before the court, which ex- facie disclose that there are suspicious circumstances against the accused so as to frame a charge against him.

[23 !E, 233A-B]

))

E.

F

State of Bihar v. Ramesh Singh, [197811 SCR· 257; K. P, Raghavan & Anr.

v. M. H. Abbas and Anr .. AIR 1967 SC 740; Almohan Das & Ors. v. State of G West Bengal, [1969] 2 SCR 520; applied.

2. What has been acquired is merely the Raiyyati or the lessee's 'interest, and a.'il the proprietory interest vests in the Government itself, there is no question of either acquiring or claiming compensation for the interest of the Govern~ ment.

[239B]

• •

Collector of Bombay v. Nusserwanji Rattan;i Mistri & Ors., AIR 1955 SC H

298; and The Special Land Acquisition OD!cer, Hosanagar v. K. S. Ramachandra Rao & Ors .. AIR 1972 SC 22~4; applied.

23 0

SUPREME COURT REPORTS

[1979] 2 s.c.R.

A

CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 194

of 1977.

(Appeal from the Judgment and Order dated 30-8-76 of the Orissa

High Court in Criminal Revision No. 88/76).

•

B

Soli !. Sorabjee, Addi. Sol. Gen. and E. C. Agarwala and Girish

Chandra for the appellant.

Gobinda Mukhoty and N. R. Chowdhary for the respondent.

The Judgment of the Court was delivered by

'C

FAZAL ALI, J. This appeal is direeted against the judgment dated 30th August, 1976 of the High Court of Orissa by which the High Court ha& upheld the order of the Special Judge, Puri discharging res pondents No. 1 and 2.

F

The facts of the case lie within a narrow compass and centre round an alleged conspiracy said to have been entered into bctwe-~n respon- D dents No. 1 arn;! 2 in order to commit offence~ under sections 5(2) and 5(1)(d) of the Prevention of Corruption Act (hereinafter referred to as the Act) read with section 120-B I.P.C. The main charge against the respondents was that between 19-2-1972 to 30-3-1972 the res pondents entered into an agreement for the purpose of obtaining pecu niaiy advanta~ for respondent No. 1 P. K. Sama! and in pursuance E of the said conspiracy the second respondent Debi Prasad Jena, who was the Land Acquisition Officer aided and abetted the first respon dent in getting a huge sum of momy for a land acquired by the Govern ment which in fact belonged to the Government itself and respondent No. 1 was a lessee thereof. that respondent No. 1 by abusing his official position concealed the fact tha! the land which was the subject matter of acquisit:on and was situated in Cuttack Cantonment was really Khasmabal land belonging to the Government and having made it appear that he wa' the undis puted owner of the same, got a compensation of Rs. 4,18,642.55. The charge-sheet contains a number of circumstances from which the infer- G ence of the conspiracy is sought to be drawn by the police. After the charge-sheet was submitted before the Special Judge, the prosecution requested him to frame a charge against the respondents. The Special Judge, Puri after having gone through the charge-sheet and statements made by the witnesses before the police as also other documents came to !be conclusion that there was no sufficient ground for framing a charge against the respondents and he accordingly discharged them under section 227 of the Code of Criminal Procedure, 1973 (herein after called the Code). The Sr.cial Judge has given cogent reasons

the charge-sheet

It is averred in

H

I

UNION v. P. K. SAMAL (Fazal Ali, J.)

231

for passing the order of discharge. The appellant went up to the High A Court in revision aganist the order of the Special Judge refusing to frame the charge, but the High Court dismissed the revision petition filed by the appellant and maintained th~ order of discharge passed by the Special Judge. Thereafter the appellant moved this Court by an application for special leave which having been granted to the appel lant, the appeal is now set for hearing before us.

B

The short point which arises for determination in this case is the scope and ambit of an order of discharge to be passed. by a Special Judge under section 227 of the Code. The appeal does not raise any new qtwstion of law and there have been several authorities of the High Courts as also of this Court on the various aspects and grounds C on wi1ich an accused person can be discharged, but as section 227 oi the Code is a new s•xtion and at the time when the application for special leave was filed, there was no diiect decision of this Court on the interpretation of section 227 of the Code, the matkr was theught fit to be given due consideration by this Court.

D

We might, state, to begin with, that so far as the present case ( offonces committed under the Prevention of Corruption Act) is con cerned it is regulated by the procedure laid down by the Criminal Law Amendment Act under which the police has to submit u charge-sheet dhctly to the Special Judge and the question of commitment to the Court of Session does not arise, but the Sessions Judge has neverthe- E less to follow the procedure prescribed for trial of sessions cases and the wmideration governing the interpretation of section 227 of the Code apply mutati~ mutandis to these proceedings after the charge-sheet is submitted before the Special Judg•.

Before interpreting and analysing the provisions of section 227 of F

the Code so far as pure sessions trials are concerned, two important In the first place, the Code has introduced facts may be mentioned. substantial and far-read1ing changes in the Code of 1898 as amended in 1955 in order to cut out delays and simplify the procedure, has dispensed with the procedure for commitment enquiries referred to in se€tion 206 to 213 of the Code, of 1898 and has made commitment more · or less a legal formality. Under the previous Code of 1898 the Magistrate was enjoined to take evidence of the prosecution witnesses after giving opportunity to the accused to cross-examine the witnesses 2nd was then required to hear the parties and to commit the accused to the Court of Session unless he chose to act under section 209 and found that there was no sufficient ground for committing the accused H person for trial. Under the Code the Committing Magistrate bas been authorised to peruse the evidence and the documents priduced by the

G

- - ,

• •

232

SUPREME COURT REPORTS

(1979] 2 S.C.R.

B

A police and commit the case straightaway to the Sessions Court if the case is one which is exclusively triable by the Sessions Court. Thus, it would appear that the legislature while dispensing with the procedure for commitment enquiry IJ1.!der the Code of 1898 has conferred a duill responsibility on the Trial Judge who has first to examine the case on the basis of the statement of witnesses recorded by tho police and the documents filed with a view to find out whether a prima facie case for trial has been made out and then if such a case is made out to proceed In our view the legislature has adopted this cC'Ufse to try the same. in order to avoid frivolous prosecutions and prevent the accused from being tried of an offence on materials which do not furnish a reasonable In the instant case, as the offences alleged to have been committed by the respondents fall within the provision& of the Act, the Special Judge has been substituted for the Sessions Judge, the procedure of the Sessions Court having Cr.en applied fully to the trial of such cases. Thus, it is manifest that the accused has got only one opportunity and that too before the Sessions Judge for showing that no case for trial had been made out. This was obviously done to expedite the disposal of the criminal cases.

C probability of conviction.

D

•

Secondly, it would appear that under section 209 of the Code of 1898 the question of discharge was to be considered by a Magistrate. This power has now been entrusted to a senior Judge, namely, the _ E Sessions Judge who is to conduct the trial himself and who has to decide before commencing the trial as to whether or not charges should be framed in a particular case against the respondents. The discre tinn, therefore, is to be exercised by a senior and more experienced Judge so as to exclude any abuse of power. In this view of the matter, it is manifest that if the Sessions Judge exercises his discretion in dis- charging the accused for reasons recorded by him, his discretion should not normally be disturbed by the High Court or by this Court.

F

Section 22 7 of the Code runs thus :-

"If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the sub- missions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceoding against the accused, he shall discharge the accused and record his reasons for so doing."

The words 'not sufficient ground for proceeding against the accm;ed' clearly show that the Judge is not a mere post-office to frame the charge at the behest of the prosecution, but has to exercise his judicial mind to the facts of the case in order to determine whether a case for trial

G

H

• 1

,.

>--~

I

~

~

~-

~ •

I

UNION V. P. K. SAMAL (Fazal Ali, J.)

233

In assessing this fact, it is not has been made out by the prosecution. necessary for the court to enter into the pros and cons of the matter or into a weighing and balancing of evidence and probabilities which is r~ally his function after the trial starts. At the stage of section 227, the Judge ha~ merely to sift the evidence in order to find out whether or not there is sufficient ground for proceeding against the accused. The suf!icirocy of ground would take within its fold the nature of the evidence recorded by th•e police or the documents proauced before the court which ex-facie disclose that there are suspic10us circum stances against the accused so as to frame a charge against him.

.A

B

The scope of section 227 of the Code was considered by a recemt decision of this Court in the case of State of Bihar v. Ramesh Singh(') \1/here Untwalia, J. speaking for the Court ob&erved as follows >-

c

if

"Strong suspicion against the accused,

the matter 1emains in the region of suspicion, cannot take the place of proof of his guilt at the conclusion of the trial. But at the 'initial stage if there is a strong suspicion which leads the Court to think that there is ground for presuming that the accused has committed an offence then it is not open to the Court to say that there is no sufficient ground for proceed ing against the accused. The presumption of the guilt of the accused which is to be drawn at the initial stage is not in the sense of the law governing the trial of criminal cases in France where the accused is presumed to be guilty unless the contrary is proved. But it is only for the purpo~e of deciding prima facie whether the Court should proceed with If the evidence which the Prosecutor pro the trial or not. poses to adduce to prove the guilt of the accused even if fully accepted before it is challenged in cross-examination or rebut ted by the defence evidence; if any, cannot show that the accused committed the offence, then there will be no sufficient ground for proceeding with the trial".

D

E

F

This Court has thus held that whereas strong suspicion may not take the piaoc of the proof at the trial stage, yet it may be sufficient for the satisfaction of the Sessions Judge in order to frame a charge against the nccused. Even nnder the Code of I 898 this Court has held that a committing Magistrate had ample powers to weigh th-c evidence for the iimited purpose of finding out whether or not a case of commit ment to the Sessions Judge has been made out.

G

II

(!) [1978] I S.C.R. 257. 16-817 SCI/78

•

--

.... _ -4

• •

A

B

c

D

23 4

SUPREME COURT REPORTS

[1979] 2 S.C.R.

In the case of K. P. Raghavan and Anr. v. M. H. Abba.f and

Anr.(') this Court observed as follows:-

"No doubt a Magistrate enquiring into a case under S. 209, Cr. P.C. is not to act as a mere Post Office and has to come to a conclusion whether the case before him is fit for commitment of the accused to the Court of Session".

To the same effect is the later decision of this Court in the case of J. Almohan Das and Ors. v. State of West Bengal(') where Shah, speaking for the Court observed as follows: -

"A Magistrate holding an enquiry is not intended to act merely as a recording machine. He is entitled lo sift and weigh the materials on record, but only for seeing whether there is sufficient evidence for commitment; and not whether there is sufficient evidence for conviction. If there is no prima facie evidence or the evidence is totally unworthy of credit; it is the duty to discharge the accused : if there is some evidence on which a conviction may reasonably be based, he must commit the case".

In the aforesaid case this Court was considering the scope and ambit of "''ction 209 of the Code of 1898.

E

· Thus, on a consideration of the authorities mentioned abov~. the

following principles emerge :

•

---

(I) That the Judge while considering the question of framing the charges und~r section 227 of the Cq& has the un doubted power to sift and woigh the .:vidence for the limited purpose of finding out whether or not a prima facie case against the accused has been made out :

(2) Wher~ the materials placed before the Court disclose grave suspicion against the accused which has not been properly .explained the Court will bo fu;Jy justified in framing a charge and proceeding with the trial

(3) The test to determine a prima facie case would naturally depend upon tho facts of each case and it is difficult to lay down a rule of universal application. By and larg<> however if two views are equally possible and the Judge is satisfied that the evidence produced before him while

...

F

G

H

(!) A.l.R. 1967 S.C. 740. (2) [1969] 2 S.C.R. 520.

..

• •

UNION v. P. K. SAMAL (Fazal Ali, J.)

235

giving rise to some suspicion but not grave suspicion against Aj the accused, he will be fully within his right to discharge the accused .

( 4) That in exercising his jurisdiction under section 227 of the Code the Judge which under the present Code is a senior and exp~rienced Judge cannot act merely as a Post B Office or a mouth-piece of the prosecution, but has to con sider the broad probabilities of the case, the total effect of the evidence and the documents produced before the Court, any basic infirmities appearing in the case and so on. This however do,s not mean that the Judge should make a roving enquiry into the pros and cons of the matter G and weigh the evidence as if he was conducting a trial.

We shall now apply the principles enunciated above to the present ease in order to find out whether or not the courts below were legally justified in discharging the respondents.

Ri~pondent No. 1 was a Joint Secretary in the Ministry of Infor mation and Broadcasting from April, 1966 to January, 1969. Later he worked as Joint Secretary in the Ministry of Foreign Trade till 12-11-1971. Thereafter, respondent No. I was working as Joint Secretary, Ministry of Education and Social Welfare. The second xespundrnt worked as Land Acquisition Officer in. the Collectorate, Orissa from February 1972 to 18th August, 1973.

D

E

F

In the year 1969 the All-India Radio authorities were desirous of bavmg a piece of land for construction of quarters for their staff In this connection, the said authorities approached posted at Cuttack. respondent No. 1 who had a land along with structure in the Canton- men! at Cuttack. As the All-India Radio authorities found this land suitatlc, they approached respondent No. 1 through his mother for ~clling the land to them by private negotiation. As this did not mab~­ rialise, the All-India Radio authorities moved the Collector of Cnttack 1o a~sess the price of the land and get it acquired. Accordingly, the Tehsildar of the area directed the Revenue Officer, Cuttack to fix the G valuation of the land of respondent No. I. Th~ Revenue Officer reported back that the land belonged to respondent No. 1 and was his private land and its value would be fixed at Rs. 3000 per guntha . It is common ground that the land in question was situated in Cuttack Cantomnent and was a Khasmahal land which was first leased out to <me Mr. Boument as far back as 1-9-1943 for a period of 30 years. H The lease was given for building purpeses. In 1954 Mrs. Boument who inherited the property after her husband's death transferred the

236

SUPREME COURT REPORU

[1979] 2 S.C.R.

'A

land to respondent No. l with the consent of the Khasmahai authorities. When respol'ldent No. 1 came to know that the land in question was required by the All-India Radio authorities, he Mote a letter to Mr. A S. Gill on 28th October, 1970 suggesting that the land may be It may be pertinent to acquiNd but price fixed by mutual consent. B mention here that in this !etrer a copy of which being Ex. D-4 (12) is to be found at page 86 of the paper-book, respondent No. 1 never concealed the fact that the land really belonged to the Government. In this connection, respondent No. 1 wrote thus :-

[C

"I have represented to you against the revenue authorities quoting a higher price for similar Government land more ad versely situated and a lower price for my land despite ils better strategic location".

We have mentioned this fact because this forms the very pivot of the ca;e of the appellant in order. to assail the judgment of the courts telow. A perusal of this letter clearly shows that respondent No. 1 D made no attempt to conceal that the land in question was a Govern ment land which was leased out to his vendor. A copy o[ the original agreement which also has been filed shows that under the terms of the lease, the same is entitled to be renewed automatically at the option of the Jessee and unless the Jessee violates the conditions of the lease, there is no possibility of the lease being resumed. As it is, the lease E had been continuing from the year 1943 and there was no possibility or us not being renewed on 1-9-1973 when the period expired. l~ these circumstances, therefore, it cannot be said that the letter written by responden No. 1 referred to above was an evidence of a criminal intention on the part of respondent No. 1 to grab the huge compenML tion by practising fraud on the Government. Respondent No. 1 was F a high officer of the Government and was a lessee of the Government, a fact which he never concealed and if he was able to get a good customer for purchasing his land or acquiring the same, there was n0 harm Jn writing to the concerned authority to fix the ro~r valuation and take the land. There was no question of any concealment or mal-

G practice committed by respondent No. 1.

Apart from this, the contention of the appellant that the fact that the land being Khasmahal land belonging to the Government was deli berately suppressed by the respondents is completely falsified by the circum,tances discussed hereinafrer :

H

The land in question was situated in a Cantonment area and it is not disputed that all lands in the Cantonment area were Khasmahal Lands belonging to the Government.

UNION v. P. K. SAMAL (Fazal Ali, J.)

237

1he High Court in this connection has observed as follows :

· A

•

"Government authorities admit that the land in question was known to be Khasmahal land from the very inception . This, must lead to an inference that the authorities knew that file interest of the opposite party No. 1 in the, land was that of a lessee and the State Government was the proprietor".

The High Court has further observed that a number of w1tne>ses who were examinul by the police had stated that it was common knowledse that all khasmahal lands in the Cantonment area in Cuttack were Gowrnment lands. Relying on the statement of Mr. T. C. Vijaya sekharan, Collector, Cuttack, the High Court observed as follows :-

''Shri Vijayas•"kharan who has admittedly played an im portant role in the land acquisition proceeding has said that it is a' matter of common knowledge that all khasmahal lands in Cantonment area at Cuttack are Government lands. He has further categoricaJy stated that Shri P. M. Samantray did not put undue pv"ssure of any kind".

8

c

D

Furthermore, it would appear

that Mr. B. C. Mohanty, Land Acquisition Officer submitted a report about the land in question on 15th February, 1971 in which he had clearly mentioned that the land in question wa. Government land and that respondent No. 1 was a Pattidar in respect of the land as Bhown in the record. Thus, one of E the important premises on the basis of which the charge was sought to be framed has rightly been found by the High Court not to exist at all. The records of the Government showed the nature of the land. Respondent No. 1 at no time to the All-India Radio authorities or the Government that the land was his private one and the records of the Government clearly went to show that the land was F a Government land. In these circumstances, therefore, it cannot be said that respondent No. 1 acted illegally in agreeing to the land being acqurred by the Government.

represented

Another important circumstance relied on by the appellant was the great rapidity with which the land acquisition proceedings started and G ended clearly shows that the respondents had joined hands to get the lands acquired and the compensation paid to respondent No. 1. In this connection, reliance was placed on the fact that the copies of the records of rights were prepared on 30th March, 1972 in which the land was no doubt shown as having been owned by the State. Bhujarat report was also prepared on the same date. Respondent No. 1 pre- H rented his copy of the deed of transfer also on the same date and res pondent No. 2 made the award for Rs. 4,18,642.55 also on the same

:..

' ..

238

SUPREME COURT REPORTS

(1979] 2 S.C.R.

·A

B

C

same date and .date. The entire amount was disbursed also on the possession also was handed over on the same date. Prima-facie, it would appear that the Officer acted in great hurry perhaps at the ins tance of respondent No. 1. These circumstances are clearly explain able and cannot be said to exclude every reasonable hypothesis but the guilt of respondent No. 1. Admittedly, the All-India Radio autho rities were in a great hurry to get the land acquired and take posses I was a high officer of the sion of the same. As respondent No. I.AS. cadre there may havle been a natural anxiety on the part of the small officers posted in the district of Cuttack to oblige respondent No. 1 by completing the proceedings as early as possible and meeting the needs of the All-India Radio.

•

..

E

It would, however, appear that once notices under section 9 (I) and 10(1) of the Land Acquisition Act were issned and the objection filed by the app~llant was withdrawn, because there was no one else in the field, there was no impediment in the way of acqruring the land D and tal<lng possession from respondent No. 1. In fact, it would appear as pointed out by the High Court that as far back as 22nd February, 1972 th·~ Land Acquisition Officer who was a person other than the second respondent had sent a letter to the Government with the counter signature of the Collector for sanctioning the estimate of acquisition of 2 acres of land belonging to respondent No. 1. Later, however, the area of the land was reduced from 2 acres to 1.764 acres and revised estimates as desired by the Revenue Department were sent on 7-3-1972. This estimate amounted to Rs. 4,18,642.55 and was sent through the AD.M's letter on 8-3-1972. The Home Department by their letter dated 11-3-1972 sanctioned the aforesaid estimate. There- F after, the Government indicated to the Collector that an .award might be passed for acquiring 1.764 acres of land. These facts apart from negativing the allegations of criminal conduct against the respondents demonstrably prove the untruth of the circumstance relied upon in the cha:·ge-sheet, namely, that unless the respondent No. l and 2 acted in concert and conspiracy with each other, respondent No. I could not G hav~ known the exact figure of the compensation to be awarded to him. In this connection, reliance was p:aced on a letter written by respondent No. I to the Vigilance Officer, L. S. Darbari on 15th March, 1972 where Im had mentioned that as Karla of the H.U.F. he would be getting a compensation of Rs. 4,18,642.55 which 1s to be paid to him on the 10th March, 1972 and it was argued that unless the two respondents were in league with each other how could respondent No. 1 get these details. We are, however, unable to agree with this con tention.

H

... ~

f--·

i..'

.. ,

UNION v. P. K. SAMAL (Fazal Ali, !.)

239

We have already merrtioned that a fresh estimate for 1.764 acres was prepared and the total compensation was Rs. 4,18,642.55 as only the Raiyyati or the lessee's interest was proposed to be acquired and this letter was sent to the Government for sanction and the estimate It was contended that no notice was was sanctioned on 11-3-1972. given to the Khai;mahal department, so that the Government could It is obvious that what claim compensation of the proprietory irrrerest. has been acquired in the present case is merely the Raiyyati or the interest vests in the Govern lessee's interest and as the proprietory ment itself, there is no question of either acquiring or claiming com pensation for the interest of the Government. In the case of Collector of Bombay v. Nusserwanji Rattanji Mistri & Ors.,(') this Court observed as follows :-

"If the Government has itself an interest in the land, it has only to acquire the other interests outstanding therein, so that it might be in a position to pass it on absolutely for public user . . . . . . . . . . . . . . . . . . When Govermnent posses ses an interest in land which is the subject of acquisition under the Act, that interest is itself outside such acquisition, because there can be no question of Government acquiring what is its own. An investigation into the nature and value of that interest will no doubt be necessary for determining the compensation payable for the interest outstandmg in the claimants, but that would not make it the subject of acquisi tion".

----''\

••

••

To the same effect is a later decision of this Court hi the case of The Special Land Acquisition Officer, Hosanagar v. K. S. Rama chandra Rao & Ors.(') where this Court observed as follows : -

"Mr. M. Veerappa, the learned courusel for the State of Mysore, contends that the Land Acquisition Officer had not assessed the compensation payable for the rights of the res- pondents in the land acquired ............ We have gone through the Award made by the Land Acquisition Ofticer. The Land Acquisition Officer appears to have valued the rights of the respondents in the lands acquired. Whether the valuation made by him is correct or not carmot be gone into these proceedings."

As the appellant was naturally interested in finalising the deal as quickly as possible, there could be no difficulty in finding out the csti-

(I) AIR 1955 S.C. 298. (2) AIR 1972 S.C. 2224.

B

D

E

F

G

H

240

SUPREME COURT REPORTS

[1979] 2 S.C.R.

mates which had been sanctiOll'W a week before respondent 11/o. 1 wrote lihe letter to the Vigilance Department. This fact prOVQ!l the bona-fide rJti1er than any wrongful conduct on the part of respondent N~. 1 "nich may lead to an adverne inference being drawn agJinst him.

Finelly, it wall argued that what was acquired by the Government was merely the lessee's interest, but the respondent No. 1 a.ppears to have got compt11sation as the owner. This is factually incorrect. We have already referred to the circumstances which clearly show that the Government was fully aware that it was only the lessee'• interellt which wa• being acquired and even the fresh estimate for R•. 4,18,642. 55, which was •ent to the Government was shown as repr~enting the Raiyyoli intereot. Mr. Agarwala appearing for the respondents fairly oonccded that having regard to the nature, characrer aud situation of the land, it eould not be said that the amount of compensat10n awarded did not represent the marke'. value of the lessee's interest of the land.

On the other hand, in the counter-affidavit at page 87 of the paper bcok, it has been alleged that 16 sale-deeds executed during the year 1970 and 5 sale-deeds executed during the year 197i pertaining to rates varying from Rs. the village in question were acquired at the 42,165 to 750,000. The High Court has also pointed out that the records before the Trial Judge show that the Collector Viiayasekharan had \·alued the land at the rate of Rs. 1. 70 lakhs per acre as far back as 3-2-1970 and if two years later the valuation was raised to Rs. 2 lakhs it camot be said that the land was in any way over-valued.

Lastly, there does not app~ar to be any legal evidence to show any meeling of mind between respondent• No. 1 and 2 at any time. Although the Collector at the time of the acquisition was a distant relation of respondent No. 1 he had himself slashed down the rate of compensation recommended by the Revenue Officer frnm Rs. 2,10,000 to Rs. 2,00,000 and it was never suggested by the prosecution that the Collector was in any way a party to the aforesaid conspiracy.

For these reasons, therefore, we find ourselves in complete agree ment with the view taken by the High Court that there was no sufficient ground for trying the accused in the instant case. Moreover, this Court would be mo•t reluctant to interfere with concurrent findings of the two courts in the abllence of any •pecial circumstances.

For the reasons given above, the jndgmsnt of the High Court is

alfumed and the appeal is dismissed.

A

B

c

D

E

F

G

H

M.R.

Appeal dismissed.