SANJEEV KUMAR DUBEY Vs. STATE OF DELHI

JUDGEMENT

(1.) ON 8.2.2000, the complainant - Mr. Rishi Prakash came to the office of Anti Corruption Branch and made a complaint, alleging therein that he had submitted an application to the Transport Department, for obtaining clearance of road tax in respect of bus number DBP 2042 and was given a receipt, requiring him to collect the said report on 30.1.2000. He further alleged that when he went to the aforesaid office for taking delivery of the clearance report from the appellant S.K. Dubey, who was the clerk concerned with delivery of the clearance receipt, he asked for bribe of Rs.1,000/ -. He also told the complainant that if his demand is not fulfilled, objections would be raised on the application submitted by him. Since the clearance report was not furnished despite repeated visits by the complainant, he again met the appellant on 7.2.2000 and agreed to pay a sum of Rs.1,000/ - to him. The appellant asked him to bring the bribe money at 12 noon on 8.2.2000 and take the clearance report. After recording the complaint in the presence of a panch witness Mr. Pawan Kumar, an LDC in Social Welfare Department, Department of Govt. of Delhi, currency notes of Rs.1,000/ -, which the complainant had brought with him were treated with phenolphthalein powder and the panch witness was made to touch them. Then, on hand wash of the panch witness being taken, the solution turned into pink. The currency notes treated with Phenolphthalein powder were then handed back to the complainant, who was instructed to keep the panch witness with him and talk to the appellant in such a manner that the panch witness was able to hear the conversation. The panch witness was instructed to hear the conversation, and give a pre -decided signal only on being satisfied that the bribe was being taken by the appellant. The raiding party, which included the complainant and the panch witness then reached Rajpur Road near the office of the Transport Department. The vehicle was parked at some distance from the office and the complainant as well as the panch witness went to the said office. After some time, on noticing a pre -decided signal given by the panch witness, the police officers including Inspector M.S. Sangar reached the cabin of the appellant in the office of Transport Department and sought to search the appellant. He was told that if he so wanted, he could search the members of the raiding party, including the panch witness. The appellant, however, declined to search them and admitted his mistake. The panch witness was then asked to take out the bribe money from the pocket of the jacket which the appellant was wearing at that time. The panch witness then took out the two currency notes of Rs.500/ - each from the pocket of the jacket of the appellant. On comparison with the numbers already noted by Anti Corruption Branch, they were found to be the same. The notes were then duly seized in the presence of the witnesses. On right hand of the appellant being washed in the sodium carbonate solution, turned into pink. This was followed by wash of the left hand of the appellant and on such wash also, the solution turned into pink. The same was the position when wash of the pocket of the jacket of the appellant was taken in sodium carbonate solution.

(2.) THIS is also the case of the prosecution that after completion of formalities relating to the aforesaid raid, when Inspector M.S. Sangar was present in his cabin, the appellant came there along with SI S.L Pandey and asked him to finish the case against him. He also offered to arrange money within half an hour. The aforesaid Inspector, however, declined the offer. The appellant, however, persisted with his request and offered to arrange a sum of Rs.2 lac, out of which Rs. 1 lac was to be paid within half an hour and the balance amount by evening. The appellant asked his colleague Mr. Harjit Singh who at that time was present outside the cabin to immediately arrange a sum of Rs.1 lac through Mr. Negi. Inspector M.S. Sangar thereupon left the cabin and brought the matter to the notice of his senior officer - ACP Dal Chand. After recording of the complaint made by Inspector M.S. Sangar, the police officials, along with a panch witness Jagdish Kumar, waited for the appellant in the cabin. After about five minutes, the appellant, accompanied by S.I. S.L. Pandey, entered the cabin and requested the complainant to wait for some more time for his man to reach there with money. Inspector M.S. Sangar, again tried to persuade the appellant, saying that the case against him could not be finished and whatever he was doing was wrong. After about 10 minutes, one person, whose name later on came to be known as V.S. Negi, entered the cabin and handed over an envelope to the appellant saying that the said envelope contained Rs. 1,00,000/ -. The appellant took out currency notes from the aforesaid envelope and after counting, kept them back in the same envelope. He then offered the same to Inspector MS Sangar, simultaneously assuring him that the rest of the amount will be paid by evening. Inspector MS Sangar declined to accept the bribe money, but the appellant persisted in his efforts. At this stage, the Investigating Officer disclosed his identity to the appellant and the panch witness was instructed to take out currency from the envelope in the hand of the appellant. The envelope was found to contain cash amounting to Rs 1,00,000/ -, which was seized after it had been duly sealed.

(3.) VIDE impugned judgement dated 24.12.2009 and order on sentence dated 11.1.2010 passed in the first case, the appellant was convicted under Section 7 read with Section 12 and under Section 13(1)(d) read with Section 13(2) of the Act and was sentenced to undergo RI for one (1) year each and pay fine of Rs.5,000/ - each or to undergo SI for one (1) month each in default, on both the counts. Vide impugned judgement dated 13.1.2010 and order on sentence dated 18.1.2010 passed in the second case, the appellant was convicted under Section 7 read with Section 12 of the Act and was sentenced to undergo RI for one (1) year and to pay fine of Rs.5,000/ - or to undergo SI for one (1) month in default.