AKHTAR ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The question involved in this appeal is whether the appellant Akhtar Alam was a "public servant" within the meaning of Section 5(2) of the Prevention of Corruption Act (Act II of 1947) and Section 21 of the Penal Code.

(2.) On or about December 11, 1962, the appellant was charged in the Court of the Special Judge of Patna for an offence under Section 5(2), read with Section 5(1) of the Prevention of Corruption Act and Section 161 of the Penal Code. The case of the prosecution was that on July 8, 1961, the appellant committed these offences by obtaining a sum of Rs. 180/- for Sri A. D. Singh, Executive Engineer (Electrical) from Ramprit Singh, P.W. 2, by resorting to corrupt and illegal means or by otherwise abusing his position as public servant. It is said that on the morning of July 6, 1961, the Electrical Executive Engineer, Sri A. D. Singh, accompanied by his Head Clerk, the appellant paid a visit to Janta Oil Mills situated at Fatuhas. Ramprit Singh, P.W. 2, was the lessee of the mills. The Executive Engineer met P.W. 2 in the mill premises and told him that the outer seal of the meter, technically called the body seal, was in a tampered condition. P.W. 2 maintained that the seal was not tampered but on a threat by the Executive Engineer, P.W. 2 was compelled to give a written statement that the outer seal was tampered with. Thereafter the Executive Engineer cut the inner seal, technically known as the loop seal, of the meter and fixed two fresh seals on the meter, one in the terminal and the other in the body of the meter. The Executive Engineer and the appellant thereafter left the mill premises. At about 10 a.m. on the same day the appellant had gone again to the mill premises and told P.W. 6, Basudeo Singh, the Munshi of the proprietor that P.W. 2, the lessee and P.W. 9, Bishna Prasad Yadav, the proprietor of the mill should meet him at his office at Patna within two days and get the matter settled, otherwise they would be but to a big loss. Thereafter, P.W. 2, went to the office of the Anti-Corruption Department at Patna and handed over a petition to P.W. 11, Girjanandan Sinha, expressing his apprehension that the Executive Engineer or his Head Clerk, the appellant would demand some bribe from him. It is alleged that on July 8, 1961, a trap was laid and under the direction of the Deputy Superintendent of Police P.W. 7, a raiding party was organised. Ramprit, P.W. 2, along with other witnesses proceeded to the appellants office. After some conversation the appellant demanded money and P.W. 2, Ramprit, gave him eighteen ten rupee currency notes, the serial numbers of which had been previously noted down by the Magistrate., P.W. 20, P.W. 16, Raghuraj was also present at the time. After the appellant had received money, the Deputy Superintendent of Police, P.W. 7 and other members of the raiding party arrived inside. The appellant thereafter dropped the bundle of currency notes on the floor below the table and made an attempt to get away but he was taken under arrest and after his person was searched the currency notes were found lying on the floor near the seat. The Deputy Superintendent of Police, P.W. 7, picked up the currency notes and upon comparison he found them to bear the same serial numbers which had been noted down in the statement, Ex. 2. The Deputy Superintendent of Police then lodged the First Information Report, Ex. 11 at the Gardenibagh Police Station. On the basis of that investigation was made by the Deputy Superintendent of Police, Sri Ramlakhan Prasad, P.W. 19 and subsequently by Inspector Shahidhar Dutt P.W. 17, under the orders of the Sub-Divisional Magistrate. After concluding the investigation the police submitted a charge-sheet against the appellant. The appellant denied the charges and pleaded that the entire case had been fabricated against him by Raghuraj, P.W. 16. The Special Judge, however, accepted the prosecution case as true and convicted the appellant under Section 5(2), read with the Section 5(1)(d) of the Prevention of Corruption Act and sentenced him to undergo rigorous imprisonment for five years. The appellant was also convicted and sentenced to undergo rigorous imprisonment for two years under Section 161 of the Penal Code. The appellant took the matter in appeal to the Patna High Court which dismissed the appeal and affirmed the judgment of the Special Judge.

(3.) This appeal is brought by special leave from the judgment of the Patna High Court, dated August 10, 1966, in Criminal Appeal No. 134 of 1964.