The state government on Monday filed multiple objection petitions against the Central Bureau of Investigation’s (CBI) closure report, in the cases registered on lottery scam, before the Ernakulam Chief Judicial Magistrate(CJM).
The petitions have been filed in 21 cases in which CBI had filed closure reports before the CJM.
Joseph Manavalan, Additional Government Pleader and Public Prosecutor, filed the petitions requesting the CJM to reject the closure report filed by CBI and order further investigation by invoking power under Section 178(8) of CrPC.
“Very casual and superficial investigation was conducted by Central Agency in the matter that involves crores of rupees and that in which state government and general public were the victims. State genuinely apprehend high- handed misuse of power by the investigation officers of CBI, for the benefit of highly influential accused persons. The investigation in the present crime case is inconclusive without covering important areas. The closure report is imperfect, unjustifiable in the eye of law and not suited for acceptance by a court of law,” the petition stated.
According to the Public Prosecutor, the case was registered against the accused persons for the offences punishable under section 420 and 34 of IPC, Section 4(k), 7(3) Lottery Regulation Act 1998 and Section 3(3)(7) of Kerala Paper Lotteries Regulation Rule 2005. The investigation was conducted on behalf of the state with seizure of banned lotteries tickets of the other state and countries and also single digit lotteries from the accused persons. There had been specific allegations of forgery, cheating and evasion of legitimate tax evasion against the accused persons in addition to other allegation.
The entire case filed were handed over to CBI and the state government had rendered full-fledged cooperation in the investigation. The requisite information including details of the amount evaded as tax, the manner in which the offences like forgery and cheating were committed by the accused persons were handed over to CBI. “There are suppression of many material evidences and particulars relevant for the proper analysis of the matter. Therefore state government has asked the CBI to return the records which are in their custody,” the petition said.
The petition would come under the consideration of CJM on July 22.