SANTOSH KUMAR JHA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) THE challenge in this appeal is to the impugned judgment dated 13th February 2008 passed by the learned Special Judge, CBI, New Delhi in Criminal Complaint No. 101 of 2006 convicting the Appellant for the offence under Section 13 (2) read with Section 13 (1) (e) of the Prevention of Corruption Act, 1988 („PC Act?) and the order on sentence dated 18th February 2008 whereby he was sentenced to undergo rigorous imprisonment („RI?) for a period of three years and to pay a fine of Rs. 1 lakh and in default of payment of fine, to undergo simple imprisonment („SI?) for one year. Proceedings leading to the launch of the prosecution

(2.) THE case of the prosecution was that a written complaint dated 9th March 2002 was received by the Anti Corruption Branch („ACB?), Central Bureau of Investigation („CBI?) from Mr. Jagir Singh Sran, (PW -17) Commandant, Border Security Force („BSF?) Academy, Tekanpur stating that an inquiry had been ordered by the Director, BSF Academy, Tekanpur against the Appellant who was a Medical Officer („MO?), Composite Hospital, BSF Academy Tekanpur. It was stated that during the said inquiry, the Appellant disclosed that he had obtained illegal gratification from various candidates seeking recruitment in BSF as Constables and that he had concealed the money so obtained in a cloth bag at the residential premises of one of his relatives, Mr. Pradeep Kumar, (PW -25) who is an employee of an export house at C -157, Okhla, Phase -I, New Delhi. A Board of BSF officers led by PW -17 and accompanied by the Appellant went to the said premises on 8th March 2002 where the Appellant called on PW -25 and told him that he had come to collect the cash amount kept with him in a cloth bag, given earlier. Thereafter, the Appellant along with PW -25 took the Board to a single room tenement in a slum area known as Indra Kalyan Vihar, Okhla. There, the Appellant brought out and produced one cotton bag containing currency notes before the Board. The Board members accompanied by the Appellant and PW -25 took the said cloth bag to Officers Mess, BSF, Tigri Camp where currency notes contained in the said bag were recovered. The recovered currency notes were counted and were found amounting to Rs. 3,99,900. The same were taken into possession and sealed by a separate seizure memo as the Appellant could not furnish any convincing explanation for possessing the said amount.

(3.) ON the basis of the aforementioned complaint, an FIR was registered on 9th March 2002 under Section 13 (2) read with Section 13 (1) (e) of the PC Act. The Appellant was arrested on 9th March 2002 by Inspector Umesh Vashisth (PW -32) of ACB, CBI, New Delhi. It is stated that during interrogation, the Appellant disclosed that he had kept some amount with one Birender Nath Jha (PW -19) at Darbhanga and also had kept Rs. 2.5 lakhs and some jewellery with one Jata Shankar Mishra at Tekanpur. He is also stated to have disclosed that he had invested money amounting to about Rs. 3 lakhs for the purchase of agricultural land in the name of his father, Mahakant and that he had also purchased a flat at Shipra Sun City for about Rs. 8 lakhs. PW -32 stated that he immediately contacted one Mr. D.S. Sidhu, Adjudent, BSF Academy, Tekanpur over telephone on 9th March 2002 and asked him to get the money and jewellery recovered from the house of Mr. Jata Shankar Mishra.