1. 'r
Co"fidepllalllJrgs1
Office of the Superintendent of Police,
Vigilance ancl Anti-Corruption l3ureau,
Hastern Railge, Kottayam
Ne. T-9015&? Datecl 27 /A4/2A09
From
K.j.Devasia IPS,
Superintendent of Police
To
The Director,
Vigilance and Anti-Corruption llureau'
ThiruvananthaPuram
Sir,
Sub:- Pertition from Sreejith, office Asst. of I-Ion' Minister
of
Finance - enquiry report submitting
Ref:- l.lo.T-9015 /2009,dated 4/4/2009 of if," Director, VACB,
ThiruvananthaPuram
Kinct attention is invited to the reference cited'
of
A petitio:r submitted by shri.R.sreejith, office Asst., of Minister
Police received at
Finance, forwarded through the Director Geueral of
VACB,
VACB Directorate was forwarded to the Supdt.of Police,
Eastern Range, Kottayam for conducting a personal enquiry.
Accordingly, the supdt.of Polite, vAcB, Eastern Range, Kottayam
had conducied enquiry into the allegations raised in the
petition and
hence thls rePort"
It is alleged in the petition that shri. R.Sreejith, who is working
as
calls to
office Asst. to I-Ion. Minister of Finance is getting threatening
his phone, and the threat is against FIon. Minister also. The threat
is
sequel tc the Surprise Check of Dy.Supdt. of Police, Vigilance
& Anti-
cn
Corrupt;on llureau, 'Ihrissur at the Sales Tax office, Thlissur
1,8/3/2a0g. The Dy.Sup<tt.of l,olice hacl insulted the Sales
Tax

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officials and directed the Sales Tax officials to release a l<;rry loadec',-
with timber, which r,r'as seized by the Sales Tax officials on
/3/2409 77
for evasion of tax. The Sales tax officials informed Hon. Minister for
Finance about the incidcnt. I-Ion. Ministcr contacted Shri. Safiulla
Syed, Dy.Supdt.of Police, Vigilance & Anti-corn.rption ISureau,
Tl-rrissur and tr>ld hirn not io harass the Sales Tax cfficials in iireir
official c{uties and there is no objection in taking leg;al steps by the
Dy.Supdt.of Police. This telephone call by the I-Ion. Minister was
mac{e from the mobile phone of Shri.R.Sreejith. After this call,
Strri.Sreej ith started getting threat'ening calls.
Supdt.of Police, Vigilance & Anti-corruption Bureau, Eastern
Range, Kottayam had enquired about the allegation against Safiulla
Syed, Dy.Supctt.of Police, Vigilance & Anti-corruption Bureau,
Thrissur. During the course of the enquiry file No. SC.4/09-TCR of
VACB Unit, Thrissur ^ras perused and statements of following
witnesses were recorded.
1. Sri "Iay anandakunlar, agcr 48 /09, Inspecting Asst"
Commissioner, Intelligence, Commercial Taxes, Thrissur
2. Shri.R.Rajesh age34/A9, Intelligence Officer, Squad No.2, office
of IAC (lntelligence) Commercial Taxes, Thrissur.
3. Shri.C. /ijayakurnar,4Tf 09, Intelligence Inspector, Squad No.II,
Office of IAC llntelligence), Commercial laxes, Th:'issur
4. Shri.Saju, Nanibadan, age 39/09, Intelligence Officer 0B)
Commercial Taxes,'l'hrissur.
5. Shri. P.A. Abhilash, 33/09, intelligence Officer, ixluad No.I,
'[hrissur.
office crc thc IAC (lntclligence), Cornmercial Taxes,
6. Shri. K.B. Rugrn ani, 50/09, Contmercial T'axes, Inspector (II3),
office 9f the IAC (lntelligence), (lommercial T'axes, Thrissur

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7. Smt. K.I-I.Laila 53/}g,Commercial Taxes Inspector (II3) office of
IAC (lntelligence) Conrmercial'faxes, Thrissur
8. Shri.C.I(.Peter, 47/09, I-D Clerk, office of IAC (Intelligence),
Commercial Taxes, T'hrissur
on perusal of the file of sc.4/09/TSR it is found that
the Surprise Check was ordered by the Supdt.of Police, VACB,
cenrral Range, Kochi on 17/3/2009 and <>n18/3/2009 evening the
Surprise Checks were conducted at three offices of Commercial Taxes,
Thrissur by the Dy.supctt.,of Police, VACB f'hrissur and party. The
Dy. Supdt.of Police, VACB, Thrissur and Shri. V.V.Jobi, Agrl. Officer
conducted Surprise Check at the office of the Inspecting Asst'
Commissioner (Intelligence) Commercial Taxes, Thrissur, and office
of the Dy. Commissioner of Commercial Taxes (Works, Contract and
Luxury Taxes) from 18.30 hrs. to 20.30 hrs. shri.T.I. Joshi, Drugs
Inspector ar,cl Inspector of Police, VACB conducted the Surprise
Check at C<>mmercial Taxes, First Circle Office, Thrissur from 17'00
hrs to 18.00 hrs. and Shri. P.M.Jayan, Drug Inspector and Inspector of
Police, VACB conducteC the Surprise Check at Commercial Taxes,2nd
'1.6.15 hrs. to 19'15.hrs'
Circle office, Thrissur from
The Dy,Supdt.of Police, VACB, Thrissur and party detected
excess amount of Rs,2,830/- from 4 persons. He found Rs. 2,000/-
kept in thc shelf by Shri. C,Vijayakumar, Inspector, who was on field
duty. T'he surprise Check team recovered Rs. 5,500/- from the
possessiort of one Santhosh arayanan, who was found in the cabin
of Shri.P.l.Robert, Commercial Tax Officer. The other two Surprise
Check teams did not detect any irregularity.
while the surprise check was going on at the office of
IAC, the driver of lorry KL-1.1,/D-5819, Shri.C.A llava come to the

4. office ancl tolc{ Dy.Supdt.of I'olice that the commercial Ta:< officer
2009 and
(Intelligence) checkecl his vehicle on the early hours of 17 /3/
servecl him a notice u/sec. 47(2) directing to remit Rs-30,000/- or Pay
a bribe of I{s. 10,000/-. Dy.Supdt.of Police verified thc matter
with
Shri.Viiayakumar, the Comrnercial Tax Officer' Shr;'Viiayakumar
irrformecl Dy.Supclt.of Police that he checked the lorry on17 /3/2009
Driver
and found that the lorry was carrying2.7550 M: timbe.. The
was no
informed him that the timbcr was for self use. Since there
(2), to
document to support this claim, he issued notice u/sec. 47
the
clirecting to remit the security cleposit of Rs. 30,836/- for releasing
that
vehicle. Dy.Supclt.of Police perused the documents and found
the timber /as purchased from MM Sawmill and Industries'
Movattupuzha on 1,6/3/20a9. l'ax of Rs. 11,295 f - wtts paid at
the
time of purchase. Delivery note is also available. The Commercial
Tax Check-post .at Karukutty had checked the vehicle, and
did not
detect any irregularity. (All these facts are available
in the inventory
prepared for the Surprise Check)'
on20-S.0g,theDy.Supdt.ofPolicecalledthe
Commercial 'I ax officials to his office, for verification
of the facts
about detention of lorry and timbcr. on 21/3/2009, the
Hon'
Minister for Finance, contacted Dy.supdt.of Police, vAtlB,
Thrissur
over telepl-rone and enquirecl about the harassment cf Sales
Tax
Officials. I-Ion. Minister told the Dy.Supdt.of Police not to cause
unnecessary harassment to Commercial Tax Officials,
otherwise' he
will have to face consequences. Cfhese facts are menticned in the
report of Dy'Supctt' of Police, VACI], Thrissur, submitted
to the
Director, VACII, Thiruvananthapuram')

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I have recorcled the statement of 8 officials of Commercial f'axes
Departm€nt, l'hrissur. I)iscussecl the matter with Sri. Safiulla S;4ed,
'I.hrissur. 'l'he Commercial Tax officials
Dy.Supclt. of Police, VACI],
are unanimous in their allegation that thc Dy.Supdt- of I'olice had
behaveC in a l'ucle manner to them while conducting Surprise Check'
The srrrprise Check officer sri. Jobi, Agricuitural officer, v.v.
however, clenies any ill-bei"raving from the part of vACIl, officials' It
was found that the Surprise Check was conductecl in the presence
of
visual media. have also conductecl enquiries at Randathani in
I
Malappuram District, t() ascertain the facts about the timber lorry
seizecl by officials of Commercial Taxes anci it was found that the
tirnber r,r,as not for the own use of Shri. Pocker, as claimecl by him'
ljromthestatementsofwitnessesandperusalof
documents, it is disclosec{ that on 17/3/2009 early morning the
officials of rjommercial faxes (Intelligence) Thrissur detained the
lorry KL-1l-D/5879, which was carrying timber. fhe officers i:;sued
notice U /s. 7Q) of KVA'I' Act clirecting Sri. Pocker Mankkattil to
'fhe timber was transported
remit security amouni of Rs.30,836/-.
with a valicl clelirrery note ancl it was checked at the Commercial
Taxes check post at Karukutty.,. on its way from Muvattupuzha to
Randathani. No violation of rules'',was detected by the check post
officials. '1he lorry driver and sri.I'ocker believed that Commercial
tax officials are harassing them, without any legal backing fot
'fax ofiiciais were
extracting bribe from them. Ilut the Commercial
acting on information that timber is being transported from
Ir4oovatt.rpuzha to Ranclathani for business Purpose bui 5l-Icrt'ring in
the recorcis as 'not for sale'. If timber is transported for own use/
Clorrt" flets tax for the 1't sale {)nly. Il it is trallsporteci for rcsalt:,
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thesameisprop{:r1vacC()irn,|cd,Govt.wi1lgettaxforalltlre
subsequent sales. Cln that information Commercial l'ax Intelligence
squad. of Thrissur checked tl-rc vehicles and served legal notice to Sri.
P<lcker. Ilut Dy.Supctt. of Ilolice, VACI], Thrissi-tr rcceived
infortnation that Cgmmcrcial I'ax officials are haras:;ing thc lorry
clriver for bribe. With this trackgr<)und, Dy.Supctt. of i:trlice, VACIJ,
f'hrissur arranged the Surprisc Check.
During the Sgrprisc Clhcck Dy.Supdt. of Police, VACI] had
orally clirectecl the Cornnrcrcial 'l'ax officials to release the vehicle
n,ith timber after obtaining f<rrm 1'6 under KVAT rules. Ilut
Commercial f'ax officials ciicl not release the vehicle, since their
enquiry revealecl that thc particulars mentioned in the 'Iiorm 16'
furnishecl by Sri. Pockcr, r'cre false.
'l'hcy insistcd for depositing
I{s.30,836/- as security. I.rr thc meanwhile Sri. Pocker filed WPO
g3g3/0g beforc FIon. Fligh Court for the release of Lne lorry ancl
timber. I{on I-lig Court clircctcc{ Sri. Pockcr to remit lts.7,000/- in
cash as security and furnish b<lnd for the balance amount. Sri' i)ocker
had complieci with the clircction of FIon. I{igir Court and the vehicle
and timberd/as releasccl.
Dy.Supdt. of Police had called the Commercial Tax officials to his
oifice op 20-3-09 for verificati<ln of the alle$ation about trarassment of
lorry clriver. At that time it is allegc'd that Dy.Supdir. of Police
behavecl, in an insulting; manner towarcis the Comniercial T'ax
officials. 'fhc Commcrcial 'l'ax officials haci informecl the matter t<l
I-lon.Minister fctr Finance. Accorclingly FIon. I4inislcr'i:rrtactcd
Dy.Supclt. of Policc, VhCli, 'l'hrissur on the nlobile phrlne of
Sri. R.Sreejith. Immecliately after the conversation of llon' lv{inister
n'ith Dy.Supclt. of I'olicc, VACI], 'l'hrissur, the cletails about the

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discussion witir I-{on. Minister was leakecl
to the public and nredia'
Mr. Sreejith receivecl many threatening calls in his phone' A
news
item about tlre call of I-Ion, lr4inister was published in 'Manorama
News', channel, showing Dy.supdt. of I']oiice sri. safiulla
syed
reacl with
con<iucting thi: Surprise Check. T'his leaking of information
the presence of media pelsons at the time of Surprise Check
suggcsts
that Sri. Safiulla Syecl, himself is responsible for informing the
rnedia
and other public about the telephone call of I-Ion' Ivlinister' I-Ion'
Minister haci contacted Sri. Safiulia Syecl, Dy.Supdt' of Police, VACIJ'
Thrissur not for any illegal action. I-Ion. Minister intervened, when
he
received information that his officials are being humiliated by
the
that
Dy.Supclt. of Police. Ilon. Minister was conveying the message
he will stand by his officers, whenever they face unnecessary
harassment.
The enquir'Y discloses that:
(1) Sri. Safiulla Syed, Dy.Supdt. of Police, VACI], Thrissur hacl
conclucted surprise Check No.4/09/TSR, at the office of
Intelligence Asst. Commissioner, Commercial Taxes, Thrissur,
with a prejudicial view that the commercial T'ax officials are
cletaining timber lorry KI.-11-D / 581,9, fdr" exLracting bribe'
(2) The performance of Dy.Supdt. of Police duiing and after the
'Ihrissur had a
Surprise Check at the Commercial taxes office,
demoralizing effect on the Commercial Tax officials, who had
performc'cl their official duty.
(3) Dy.Supclt. of Police hacl utilizecl the services of an Agricultural
officer to conduct Surprise Check at the office of Corr'mercial
-faxes. An officer who cloes not know anything about the working
the
of an<ltl'rer Department, can ]1<lt properly cletermine rn'hether
$ta t* r::b
rigiianc=; &

8. actions of thc other. clepartmcnt zlrc in accordance with the
prevailing rules and Broccc{UIcs.
(a)Dy.Supdt. 6f Police:Safiq.lia Syed knon'ingly or unknowipgly
ensurecl the presence ef metlia PcrSOns at the office t;f Commercial
' 'l.axes
cluring tl-re Surprise Check.
(5)Dy.Supcit. of l)olicc Siifiulia Syecl haci leaked the conversatiorr of
F{on. N4inister with him, ttl the public, in such a martner that i-lon.
ltfinister has uu-necessarilt' interfered in his official r'vork, r'r'hcreas
I-{on. Ministcr was remincling the Dy. Supdt. of Iroiice that his
approach is r,rrrong ancl hc has excccded his authority in directing
the Commcrcial Tax ofiicials to rclcase the lorry an<i timbcr.
I recomnrcncl clepartment disciplinary action aqainst
I'herefore,
Shri. Safiulla S1recl, t)y.Sr-rPr'lt.of I)olice, VACII, T'hrissur for the
i rreg.ularities cl iscu ssccl abo.r'c.
Yours faithfully,
-_ ------r/
Superirrtenclent ol Irolice,
Vigilancc ancl A:"ti-Corruption Ilureau ,
Ilastcrn Range, KoiraYam
Encl: 1)Statements of l'Vts. 1 to I
2) Report of Safiulla Sveci, Dy.Supdt.of l)oiice clated 25/3/2009
3) Joint Inventories clatccl 78/3/2009 -3 Nos'
4) Original reference
5) Surprisc Chcck Ortlcr No.C-5234/08/CRIr with pr:tition'