R J SINGH AHLUWALIA Vs. STATE OF DELHI

JUDGEMENT

(1.) This case has a chequered history. It was as a result of the demand of bribe of Rs. 1,000/-made by R.J. Singh Ahluwalia from a businessman named A.S. Bawa. The demand has been made on 31/12/1966 and the payment there of was made at the office of the complainant A.S. Bawa in Marshal House, Hanuman Road on 2/1/1967 In between, the matter had been reported to the C.B.I. and a trap had been laid. The appellant R.J. Singh Ahluwalia was in those days working as an Assistant in the Co-ordination B-Ill Section of Director General of Technical Development, New Delhi. Amongst his duties was to make entries in the registration register and give to the applications registration numbers and then put them before the Section Officer for onward transmission to the concerned Directorate.

(2.) The appellant was convicted by the Special Judge on 15-4 1958 and this conviction was maintained by the High Court. However, in appeal before the Supreme Court the appellant succeeded in showing that the sanction for prosecution had not been granted by a competent authority and that in fact, it should have come from the President of India. The Supreme Court as such set aside the conviction. This was on 7/9/1970

(3.) The prosecution then obtained fresh sanction from the President of India and filed a fresh cha]Jan against the appellant on 30/7/1971. The trial was held de novo and the entire evidence was again recorded. Mr. O.P. Singla, Special Judge then convicted the appellant on 7/1/1975 under Section 5(2) of the Prevention of Corruption Act and Section 161 Indian Penal Code. He was required to undergo rigorous imprisonment for one year under the former court and also to pay a fine of Rs. 1,000/-or. in default to further rigorous imprisonment for 6 months. The sentence under Section 161 Indian Penal Code was for 6 monthsT rigorous imprisonment. Both the sentences were to run concurrently. It is against this conviction and sentences that the appellant has now come up in appeal before this Court.