SHAM SARUP BHATNAGAR Vs. STATE OF DELHI

JUDGEMENT

(1.) The appellant, Sham Sarup Bhatnagar, was convicted by the learned Special Judge, Delhi of offences under section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947 and section 161 of the Indian Penal Code. On the first count he was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 500/-. On the second count he was sentenced to undergo rigorous imprisonment for a period of one year. The two sentences were directed to run concurrently.

(2.) The prosecution case, in brief, was as under: One Akhlaq Ahmed was carrying on the business of manufacturing gold ornaments in shop No. 771, Imam Street, Jama Masjid, Delhi since 1963. He was holding licence No. 613 of 1974. In October 1974 he went to Karachi in Pakistan and in his absence his son Feroz Ahmed submitted an application for renewal of the licence for the year 1975 to the Superintendent, Central Excise Gold Control, New Delhi. The application was submitted on November 30, 1974. Along with the application which was on the prescribed form, he enclosed his earlier licence and the challan showing payment of the licence fee amounting to Rs. 25/-. The application was signed for and on behalf of Akhlaq Ahmed. On January 6, 1975, the accused who was functioning as Gold Inspector of the area contacted Feroz Ahmed near his shop and represented that the licence could not be renewed as the application was not signed by Akhlaq Ahmed. He again contacted Feroz Ahmed at the shop of one Usman on January 9, 1975 and represented that the licence would be cancelled and demanded Rs. 70/- as bribe for saving the licence from being cancelled. Feroz Ahmed expressed his inability to meet the demand. Thereupon, the accused asked him to consider the matter and pay the amount on January 13, 1975 at the shop of Usman where he would be available between 1-30 and 2-30 p.m.

(3.) On 13-1-1975 Feroz Ahmed went to the office of the Central Bureau of Investigation, Kotah House, Shah Jahan Road, New Delhi and contacted Shri R. C. Sharma, Superintendent of Police in the morning on that day. He made an application wherein it was mentioned that the licence already issued was to expire in the month of December, 1974 and therefore he submitted an application for the renewal on behalf of his father in the month of November and Sham Sarup Bhatnagar had contacted him on January 6, and again on January 9, 1975 and demanded illegal gratification in the sum of Rs. 70/- for arranging renewal of the licence. He also mentioned that Sham Sarup Bhatnagar would be visiting the shop of Usman on January 13, 1975 between 1-30 and 2-30 p.m. for receiving the said bribe money which he was not prepared to pay. Shri H. C, Sharma ordered that case under Section 161 of the Indian Penal Code be registered and investigated by the Inspector, Shri S. K. Ghosh. The endorsement Ex. PW 8/A to this effect was made on the application. Accordingly the case was registered. Inspector S. K. Ghosh was called and apprised of the complaint by Feroz Ahmed. Inspector Ghosh took Eeroz Ahmed along with him to his room and called Sub-inspector A.K. Ohri and directed him to procure two independent witnesses from the Office of the Chief Pay and Accounts Officer, Akbar Road, New Delhi. At about 11-45 a.m. the said Sub- inspector arrived along with Sarvshri H. S. Srivastav (PW 2) and H. L. Mongia (PW 4). Both these witnesses were introduced to Feroz Ahmed who narrated his complaint to them orally. Thereafter Feroz Ahmed produced currency notes Ex. P. 1 to Ex. P. 6, one of the denomination of Rs. 20/- and the remaining of the denominations of Rs. 10/- each. The currency notes were treated with phenolphthelein powder by SI. Ohri and the working of the powder was demonstrated by asking H. S. Srivastav to touch the treated notes and thereafter dipped his fingres in colourless solution of sodium carbonate to observe that the solution turned pink. The person of Shri Faroz Ahmed was searched to ascertain that he was not carrying anything else. The currency notes were then handed over to him with the direction to give the same to the accused on demand and to give signal regarding the passing of the currency notes by folding his hands. It was decided that Srivastav would accompany Feroz Ahmed and see and hear whatever transpired. The raiding party was thus constituted by joining the two independent witnesses besides Feroz Ahmed and S. I. Ohri. The raiding party left the Kotah House at about 12-50 p.m. Srivastav and Feroz Ahmed got into a three-wheeler scooter while the other members of the raiding party followed in a staff car and on reaching the intersection of Urdu Bazar Road and Motia Mahal at about 2-00 p.m. the staff car was parked near Jama Masjid. Feroz Ahmed and Srivastav got down at the crossing near beetal shop. Feroz Ahmed took some money from the beetal-seller for making payment to the scooter driver, and after making the payment he along with Srivastav moved towards the South along with the left side foot path. At that time H.L. Mongia was on right hand foot path and the other members of the raiding party were following Feroz Ahmed and Srivastav but were at some distance. After having walked for 3-4 minutes Feroz Ahmed reached Famous Electric Works which was close to the shop of Usman. Sham Sarup Bhatnagar who was setting in the shop of Usman came down on seeing Feroz Ahmed. The accused and Feroz Ahmed then moved towards the North and took few steps. The accused told Feroz Ahmed that he was waiting for half an hour and enquired if his work had been done. Feroz Ahmed told him that he had brought Rs. 70/- as directed. The accused asked for the money and Feroz Ahmed handed over currency notes of the value of Rs. 70/-. The accused took currency notes in the right hand and then transferred to the left hand and finally put them in the right hand inner pocket of the coat. Thereafter Feroz Ahmed enquired if his work would be done and was told that he need not worry. As agreed Feroz Ahmed gave the agreed signal and (hereupon Inspector Ghosh and Inspector Ahuja rushed and caught hold of the accused by the forearms. Other members of the raiding party also came to the spot. Inspector Ghosh disclosed his identity to the accused on which the accused became perplexed. Inspector Ghosh suffered his personal search and thereafter searched the person of the accused and recovered six currency notes from right hand side pocket of his coat. The numbers of the notes were tallied with those mentioned in the memo and it was found that the six currency notes of the value of Rs. 70/- were the same. Further search of the accused yielded some documents and other cash which is mentioned in the recovery memo.