HAKUMAT RAI NIGAM Vs. STATE

JUDGEMENT

(1.) The petitioner is being tried by shri Jagdish Chander, Special Judge, Delhi, for an offence under section 5(l)(d) of the Prevention of Corruption Act, 1947, punishable under section 5(2) of the said Act, on the allegation that he on 3rd May, 1971, while employed as Superintendent in National Small Industries Corporation Limited, Okhla, New Delhi, as a public servant, by corrupt or by illegal means or otherwise abusing his position as a public servant obtained Rs. 200.00 from Shri Ranbir Singh son of Amir Chand, as illegal gratification. He is also being tried for an offence punishable under section 161 Indian Penal Code . on the ground that he on the 3rd May, 1971, accepted the sum of Rs. 200.00 from Ranbir Singh as gratification other than legal remuneration as a motive or reward for showing him favour in getting his machine case passed in the meeting to enable him to purchase gear shaper machine on hire purchase system.

(2.) The Special Judge framed the above charges against the petitioner on the 25th February, 1972. The charges were read over and explained to the petitier who claimed to L;: tried. The prosecution has so far examined 8 witness. Public Witness 1 to Public Witness 3 were examined on 4th July, 1972. The petitioner o-i. that cay v.as represented by his counsel, Shri H. R. Bhardwaj who cross examined the said witnesses for the petitioner, Public Witness s. 4 and 5were examined on5th July, 1972. Despite opportunity having been give the said vwitnesses were not crossexamined by the petitioners counsed. Shri H. R. Bhardwaj who appeared for the petilioner on the said date.

(3.) P.W. 6 to 8 were examined on 18th August, 1972. From the record it appears that the petitioner on the said date put in an application staling that Shri H. R. Bhardwaj had appeared for him only on two hearings and that froma nerusal of the evidence already recorded the petitioner was of the view that his said counsel had not done justice to the case. Accordingly, he wanted to engaged another counsel, and prayed that reasonable time be given for that purpose and that the witnesses present for that day may be examined on some other date.