BABU AHMED SADANAND AND MUSADDI LAL Vs. STATE

JUDGEMENT

(1.) These three appeal arise out of z common judgment dated20-8-1974 of Mr. M.L. Jain, special Judge, Delhi, whereby Musaddi Lai andSada Nand were convicted under Section 5(2) of the Prevention of Corrup-tion Act and Section 1634 I.P.C., and Babu Ahmed was convicted underSection 109 Indian Penal Code read with Section 5(2) of the Prevention of CorruptionAct and Section 165-A I.PC. Each of the first two was sentenced to undergorigorous imprisonment for two years and a fine of Rs. 200.00, in default ofpayment of which further rigorous imprisonment for two months xvas to beundergone. Babu Ahmed was sentenced to rigorous imprisonment for oneyear under Section 109 Indian Penal Code read with Section 5(2) of the Prevention ofCorruption Act, and like term under Section 165-A I.P.C., both to run con-currently.

(2.) The prosecution case was that Smt. Bhdho Devi had been in unauthorised occupation of a portion of plot No. 2631-34, Ward No. VIII, AsafAli Road, New Delhi, for a number of years, and was running a fire wood stallthere. The plot belongs to the municipal corporation. She was, however,keen to get her possession regularised. Musaddi Lal, appellant who was theRent Collector of the Municipal Corporation, used to visit her and told herthat in case she paid Rs. 1000.00 as bribe to him, the plot could be allottedto her permanently. At that time she was not paying any rent for theplot.

(3.) On 23-1-1973, Musaddi Lal again visited her and threatened thatlinless he was paid the bribe of Rs. 1000.00, he would harass her and wouldnot allot the plot in her name. She agreed to the same, and it was settledthat he would collect the amount at 5 p.m. on that day. She managed tosecure ten currency notes of Rs. 100.00 each, and then went to the AntiCorruption Branch of the police to report the matter. Her statement Ex.P.W.1/A was recorded by the Inspector. Two panch witnesses were thencalled, and they were Mrs. Madhuri Saxena, Probation Officer Grade-1, andVishnu Dev Rai, Case Worker, Samaj Kalyan Vibhag, Delhi Administration.The currency notes were then treated with phenol phatheline powder anddemonstration was given by touching right hand fingers of Mr. Roy and thendipping them in a solution of Sodium carbonate which turned its colourlessshade to pink, to show that whosoever touched or came in contact with thetreated currency notes, would get accordingly polluted. Their numbers werealso noted. The raiding party then headed by Gurbux Rai, Inspector, leftthe office of the Anti Corruntion at 5.35 p.m. in taxies for Asaf Ali Road,and reached there around 6.00 pm. Budho Devi and the panch witnesseswent ahead to the fire wood stall, while the Inspector with the rest of theparty took position on the roundabout. About 15 minutes later, BudhoDevi informed the Inspector that Musaddi Lal and another Corporationemployee had come to her at the stall, and had enquired about the bribemoney and on her affirmation, directed her to come to the stall of Hukma ingali Arya Samaj. She then along with the two panch witnesses was sentby the Inspector to Hukma's stall, and the police party followed. MusaddiLal and Sada Nand were sitting on a cot inside Hukma's stall, while BabuAhmed was sitting on the steps of stairs near the cot. In the meanwhile,Ramji Lal, a neighbour of Budho Devi. had also come there. Budho Devithen told Musaddi Lal that the plot should be allotted in her name, and sheshould not be harassed anymore. Musaddi Lal replied that this would bedone. She then handed the tainted money of Rs. 1000.00 to him, who receivedthat in his right hand, and passed that or to co-accused Sada Nand, who putthat in his coat pocket. Ramji Lal then told the accused that if they hadreceived Rs 1000.00 from the poor lady, they should issue a pucca receipt ofallotment of the plot to her. Sada Nand then took out the money from hispocket and passed that on to Babu Ahmed who after taking the same, putthat in his own coat pocket, Musaddi Lal then prepared receipt. Ex. P. 1for Rs. 46.20 p. and passed that on to Budho Devi. This was signed byboth Musaddi Lal and Sada Nand. Vishnu Dev Rai, one of the panchwitnesses, then gave the agreed signal, and the police party rushed there andrecovered the ten currency notes from Babu Ahmed. Their numbers werefound to tally with the numbers which had been noted earlier before the.raiding party started from the office of the Anti Corruption department.The test with the solution of sodium carbonate was then carried out, whichrendered the hands of the three accused pink, the also the cost pockets ofSada Nand and Babu Ahmed. The three accused were then taken into custody.