NAVAL KISHORE Vs. STATE

JUDGEMENT

(1.) BOTH these criminal appeals raise an interesting question of law: Is a stamp vendor a public servant for the purposes of the Prevention of Corruption Act, 1988 ('PC Act')?

(2.) CRIMINAL Appeal No. 192 of 2008 by Naval Kishore is directed against the judgement dated 4th February 2008 passed by the learned Special Judge in Complainant Case No. 21/2004 convicting the Appellant for the offences under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 ("PC Act"). The appeal is also against the order dated 5th February 2008 whereby for the offence under Section 7 of the PC Act, the Appellant was sentenced to undergo rigorous imprisonment ("RI") for a period of 6 months along with a fine of Rs.1,000/ - and in default to undergo simple imprisonment ("SI") for a period of one month and for the offence under Section 13(2) read with Section 13(1)(d) of the PC Act he was sentenced to undergo RI for one year along with fine of Rs.1,000/ - and in default to undergo SI for a period of one month. Both sentences were directed to run concurrently.

(3.) WHAT is common in both the appeals is that both the Appellants were at the relevant time licensed Stamp vendors. While Appellant Naval Kishore was holding licence No. 226 and was authorised to sell stamps and court fees at Karkardooma Courts complex, Appellant Aman Bhatia held licence No. 594 and was selling stamp papers at the office of the Sub -Registrar Janakpuri, Delhi. Crl. A. No. 192 of 2008 by Naval Kishore