AIR 2004 SUPREME COURT 692 ::2003 AIR SCW 6349 ::(2003) 2 MadLW(Cri) 946 ::(2003) 12 IndLD 619 ::2004 ChandLR(Civ&Cri) 686 ::(2003) 4 CurCriR 417 ::2004 CriLR(SC&MP) 73 ::(2004) Mad LJ(Cri) 62 ::2004 (2) SCC 9 ::2004 SCC(Cri) 377 ::(2003) 10 Scale 68 ::2004 CriLR(SC MAH GUJ) 73 ::(2003) 3 ChandCriC 253 ::2003 (4) MadLW 825 ::2004 (27) OCR 99 ::2004 (1) Crimes 43 ::2003 (7) SLT 274 ::2003 (8) Supreme 442 ::(2004) SC Cr R 1177 ::(2003) 9 JT 343 (SC)

Supreme Court Of India

(From : 2002 (1) Crimes 175 (Madras))

Hon'ble Judge(s): S. Rajendra Babu, P. Venkatarama Reddi , JJ

(A) Prevention of Corruption Act (49 of 1988) , S.13— Penal Code (45 of 1860) , S.409, S.420— Corruption charges against Chief Minister and others - TANSI (Tamil Nadu Small Industries Corporation Ltd.) sale case - Sale at under-value - Charge that firm of Chief Minister purchased land at price below guideline value - No guideline value admittedly fixed for plot in question - Charges is defective - In earlier sale of plot by TANSI value was fixed at 3 lakhs per ground - That sale was to a private party and was by open tender - Such value could be considered for reflecting value of land in question - Land in question sold to highest bidder, the accused at higher value - Cannot be said that property in question had been under-sold and thus there was loss to TANSI. TANSI (Tamil Nadu Small Industries Corporation Ltd.) a Govt. Company decided to sell its defunct units. Tenders were invited. The firm of which the Chief Minister of T. N. was a partner was the highest tenderer. The highest tender was accepted and the land was sold to Chief Minister's firm. In view of several complaints and on the basis of media reports, the Govt. referred the matter to C.B.C.I.D. on which a crime came to be registered. Investigation was taken up, two cases were registered against the Chief Minister and others. The foundation of various charges was that the property in question was de....