STATE OF WEST BENGAL Vs. KAILASH CHANDRA PANDEY

JUDGEMENT

(1.) This appeal is directed against the order passed by the High Court of Calcutta dated 9-2-2002 passed in C.R.A No.192 of 2000 whereby learned Single Judge has reversed the conviction of the accused-respondent, passed by the Additional District and Sessions Judge and Special Judge, 3rd Court, Barasat, 24- Parganas (N) in Special Case No.2 of 1997, whereby learned Addl. District and Sessions Judge and Special Judge convicted the accused under Section 7 of the Prevention of Corruption Act, 1988 and sentenced him to suffer rigorous imprisonment for one year and to pay a fine of Rs.1000/- in default to suffer rigorous imprisonment for one month more.

(2.) Brief facts which are necessary for disposal of this appeal are as follows. On May 23, 1996, one Shankar Prasad Sengupta, the proprietor of M/s. Rakshak Security Services lodged a complaint before the Superintendent of Police, Central Bureau of Investigation, Anti Corruption Branch, Calcutta stating that he was awarded a cleaning contract at New Domestic Terminal Complex at Netaji Subhash Chandra Bose International Airport, Calcutta vide award letter dated December 3, 1994 for two years with effect from December 21, 1994. As per practice, he was required to submit the bills in the Office of the Deputy General Manager (Airport) and thereafter the bills on presentation were processed by the House Keeping department functioning under the respondent. Accused-respondent was the final authority for passing of the bills for payment. It is alleged that the accused-respondent demanded illegal money for passing the bills which the complainant-Shankar Prasad Sengupta (P.W.3) had managed till May 21, 1996. P.W.3 submitted a bill for a sum of Rs.1,39,000/- on May 23, 1996 and made a request to the accused-respondent to pass the said bill. Accused-respondent insisted that unless P.W.3 pays a sum of Rs.5000/- he would not pass the bill. Accused-respondent directed P.W.3 to make payment of Rs.5000/- on May 24, 1996 after lunch hours in his Office. As P.W.3 had no intention to pay the said amount, he lodged a written complaint before the Superintendent of Police, C.B.I., Anti Corruption Department disclosing all the details on the basis of which a complaint was registered against the accused-respondent for commission of an offence under section 7 of the Prevention of Corruption Act, 1988 and Mr.M.S. Hazari, Inspector, C.B.I. was entrusted with the investigation of the case. P.W.3 was called by the Superintendent of Police, C.B.I. in his office for laying a trap. A pre-trap memo was prepared with necessary particulars. Pursuant to that pre-trap, a trap party including P.W. 3 left to the Office of the accused-respondent to lay the trap and they were accompanied with two independent witnesses i.e. P.W.4-Ratan Krishna Das, an employee of Oriental Bank of Commerce and P.W.15- Sanjay Kumar, a Law Officer of the Bank along with the Investigating Officer. On the fateful day, the money was handed over by P.W.3 to the accused-respondent and he pocketed the money. Thereafter, the Investigating Officer accompanied by others entered into the room, seized the money and arrested the accused-respondent. The sanction was obtained on December 10, 1996 and after the accord of the proper sanction by the Chairman, Airports Authority of India, charge-sheet was submitted against the accused-respondent on January 31, 1997.

(3.) Accused-respondent denied the charges and pleaded that he was falsely implicated with ulterior motive. The prosecution in support of its case examined 16 witnesses and no witness was examined on behalf of the defence. The trial Judge after considering the matter, after recording the evidence and hearing both the sides found the guilt of the accused established and convicted the accused-respondent under Section 7 of the Prevention of Corruption Act and sentenced him as above said.