MADAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Leave granted.

(2.) A trap sprung, on a complaint lodged, led to the prosecution and conviction of an Enforcement Inspector and Office Assistant in the Supply Department for demand and acceptance of bribe under the Prevention of Corruption Act, 1988("P.C. Act"). Both the accused were sentenced under Sec. 13(i)(d) read with Sec. 13(2) with rigorous imprisonment for one year and fine of Rs.1000.00­ and a further sentence of R.I for six months under Sec. 7(2) of the Act, also with a fine of Rs.1000.00­, with default sentences for failure to pay the fine.

(3.) The complaint leading to the trap, was laid by PW 5, who applied for a Rajasthan Trade Authority (RTAL), at the District Supply Office, for carrying on sale of food grains and edible oils. Processing the said application, an inspection was conducted in the shop, for which the license was applied for, by the Enforcement Inspector; by name Madan Lal, the 2nd accused, who at the time of inspection demanded bribe for speeding up the issuance of license. Following up with the demand, PW 5 reached the DSO at Sri Ganganagar on the very next day and met the Enforcement Officer as also the Office Assistant; Narendra Kumar, the 1st accused, when the latter demanded bribe for both the accused. PW 5 had paid the license fee of Rs.1000.00­ and being distraught with the demand of bribe, approached the Anti­Corruption Bureau("ACB") who laid the trap on the very next day. The prosecution was built upon the demand alleged by PW 5 and the trap proceedings, which ensued the complaint to the ACB.