UNION OF INDIA Vs. PURNANDU BISWAS

JUDGEMENT

(1.) Union of India is in appeal before us from a judgment and order dated 14.1.2003 passed by a Division Bench of the Madras high Court whereby and whereunder an appeal from a judgment of conviction and sentence dated 12th April 1996 passed by the Special Court for Central Bureau of Investigation in o. P. No. 7 of 1995 was allowed.

(2.) The respondent herein was working as a Surveyor in the Mercantile Marine Department of Government of India at tuticorin Port. While on duty on 15.7.1992 he allegedly demanded a sum of Rs. 50,000/- by way of illegal gratification from one D. G. Rajan (PW 3) of M/s. Raja Agencies for giving clearance certificate in respect of the vessel M. V. Lilly. It is not in dispute that an inspection of the said vessel was made by the respondent herein and certain defects were found which having been rectified by the Master thereof, it was released. It is alleged that the demand of gratification continued purported to be on the premise that unless the amount was paid, other vessels of which the said M/s. Raja Agencies was acting as sub-agent would be detained.

(3.) Hunter Shipping and Trading Company was an agent for loading and unloading the goods carried out from the ships. M/s. Raja agencies of Tuticorin was sub-agent of the said company. It is alleged that normally the ships are anchored in sea upon entering into the harbour. However, for loading and unloading of the goods, ships are permitted to be berthed at the place allotted in harbour for two hours only. If goods are not loaded or unloaded within that period, penalty can be imposed.