CHAITANYA PRAKASH AUDICHYA Vs. C.B.I.

JUDGEMENT

(1.) This appeal by Special Leave challenges the judgment and order dated 06-12-2010 passed by the High Court of Bombay at Goa in Criminal Appeal No.12 of 2010 by which the High Court affirmed the conviction and sentence of the appellant under Sections 7 and 13(1)(d) and 13(2) of the Prevention of Corruption Act 1988 (hereinafter referred to as "the Act").

(2.) The case of the prosecution was that PW1 Chandra Shekhar Bandari was sole proprietor of M/s JCS Associates, which firm was undertaking construction work for governmental agencies. The firm was awarded two contracts in March 2003 by Oil and Natural Gas Commission, Betul, Goa and it was mandatory requirement to have a licence from the office of the Assistant Labour Commissioner, (Central) Vasco. PW1 therefore applied for requisite licence vide applications, Exts. 31 and 32 with necessary documents along with prescribed fees and the applications were received in the office on 13-05-2003. According to PW1, he was told that the applications would be processed within seven to ten days. Since no communication was received within ten days, he approached the appellant who was then working as Assistant Labour Commissioner (Central) Vasco. PW1 was told by the appellant that his application would be duly processed. However nothing was heard in the matter.

(3.) According to the case of the prosecution the appellant was to visit the site of the proposed construction on 29-05-2003. PW1 was therefore present at the site. The appellant came and verified the documents at the site itself. According to PW1, the appellant was camping in the Rest House when PW1 went to meet him. The appellant had prepared Inspection Notes, Ext. 33 bearing signatures of the appellant and PW1. In the rest house the appellant allegedly demanded Rs.30,000/- towards illegal gratification for issuance of licence to PW1. The appellant told him to pay Rs.10,000/- by next day and the balance amount of Rs.20,000/- was to be paid after issuance of the licence.