BISWABHUSAN NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant was an Inspector of Factories under the Government of Orissa. It was a part of his duty to inspect factories and mills in the State of Orissa. He toured the districts of Koraput and Balasore from 18-8-1948 to 27-8-1948 and from 29-9-1948 to 30-10-1948 respectively. The prosecution case is that he collected bribes from persons connected with some of the mills he inspected in those districts. It is said that he used to threaten to close their mills and impose other penalties for alleged defects unless they paid him a bribe.

(2.) On 3-10-1948 he was coming at the Dak Bungalow at Basta in the Balasore district. Because of information received against him his person and belongings were searched on that day and a sum of Rs. 3,148 was recovered from him consisting of Rs. 450 paid at the time as a trap and Rs. 2,698 already in his possession. He was arrested on the spot but was later released on bail.

(3.) Departmental and other proceedings were taken against him and he was eventually brought to trial on 29-3-1950 and charged under Section 5(2) of the Prevention of Corruption Act (II of 1947) for criminal misconduct in the shape of habitually accepting illegal gratification. He was also separately charged and separately prosecuted under Section 161 of the Indian Penal Code for three specific offences of bribe taking but we are not concerned here with that as he was acquitted on all three counts.