STATE OF ANDHRA PRADESH Vs. KESAVAPATNAM CHINA SWAMY

JUDGEMENT

(1.) This appeal by Special Leave challenges the judgment and order dated 25.04.2006 of the High Court of Judicature of Andhra Pradesh at Hyderabad in Criminal Appeal No.27 of 2001 setting aside the judgment and order of conviction dated 29.12.2000 of the Special Judge for SPE & ACB Cases, Vijayawada in CC No.4 of 1996.

(2.) One P. Ramakrishna Rao i.e. PW1 wanted to start a Kirana and General Stores at Gudivada and had submitted an application on 22.05.1995 with necessary enclosures in the office of the Deputy Commercial Tax Officer No.1, Gudivada seeking issuance of registration certificate. The application was forwarded to the respondent who, as Assistant Commercial Tax Officer No.1, Gudivada, District Krishna, was competent to issue registration certificate under the Sales Tax Act. In this connection PW1 met the respondent in his office on 16.06.1995 and requested him to issue registration certificate, at which time the respondent allegedly demanded Rs.1000/- as bribe. PW1 then went along with PW2 K.B. Narayana to meet the respondent on 22.06.1995 and requested for issuance of the certificate. On that day PW1 also furnished additional National Savings Bond in the sum of Rs.500/- as per directions of the respondent. The respondent after accepting the same reiterated his demand. It is alleged that on 23.06.1995 PWs1 and 2 again went to the office of the respondent and repeated the request for issuance of registration certificate. The respondent allegedly informed PW1 that the registration certificate was ready and would be delivered upon payment of bribe of Rs.1000/- as demanded. The respondent also instructed PW1 to produce the Day Book duly written upto 24.06.1995 for affixing his signature. When PW1 expressed his inability, the bribe amount was reduced to Rs.500/-. PW1 along with PW2 thereafter went to the office of the respondent on 01.07.1995 and made the request for registration certificate. The respondent allegedly repeated his demand and PW1 reluctantly agreed to pay the amount.

(3.) At this stage PW1 presented a report Ext.P1 on 01.07.1995 at 4.00 PM in the office of the Anti Corruption Bureau to PW8 N. Prasad, District Inspector ACB, Vijayawada, who in turn submitted it to PW9 DVSS Murthy, DSP, ACB, Vijaywada. PW9 registered the same as FIR and decided to lay a trap. On 05.07.1995 PW9 conducted pre-trap proceedings (Ext P23) in the presence of PWs1, 2 and the mediators during which time five currency notes of Rs.100/- each produced by PW1 were treated with Phenolphthalein powder and kept in the empty shirt pocket of PW1.