PROFULLA ROY Vs. STATE

JUDGEMENT

(1.) Whether a public servant can be prosecuted under Section 5(3) of the Prevention of Corruption Act, 1947 (hereinafter referred to as the Act) without being prosecuted under Section 5(2) where the facts constitute offences punishable under sub-sections (2) and (3) of Section 5 of the Act ?". is the question which has come up for decision in this revision.

(2.) The relevant facts in brief are thus : Profulla Roy, petitioner No. 1, is a private person, whereas Saroj Mohan Bhattacharya, petitioner No. 2, is working as an Assistant in the Ministry of Foreign Trade. They are alleged to have entered into a criminal conspiracy to obtain for themselves and/or for other public servants, gratification from various firms and others as a motive or reward for inducing by corrupt or illegal means or byexercising personal influence on public servants to do or to forbear to do official acts or to render or attempt to render service or dis-service to such firms through the concerned public servants in the office of the Chief Controller of Imports & exports, New Delhi. They are alleged to have given false assurances to various persons that they would get a favourable decision from Shri S. B. Gulati and Shri B. D. Bhattacharya, Officers of the office of Chief Controller of Imports and Exports by exercising their personal influence and obtained various amounts from them. Case against them was registered on the complaint that the petitioners had obtained illegal pecuniary advantages from certain firms on the pretext of arranging disposal of their applications pending in the office of the Chief Controller of Imports and Exports.

(3.) They were challaned under Sections 120-B read with Sections 162/163, Indian Penal Code, and Section 5 (3) of the Act, as well as under Sections 162/163, Indian Penal Code, read with Section 5(3) of the Act. Necessary consent under sub-section (2) of Section 196-A of the Code of Criminal Procedure for the initiation of the Criminal proceedings against the petitioners for offences under Section 120-B, Indian Penal Code, read with Sections 162/163, Indian Penal Code, and under Section 5(3) of the Act, was obtained.