S GOPAL Vs. STATE

JUDGEMENT

(1.) The appellant, S.Gopal, who at the material time was Deputy Superintendent of Police attached to the Criminal Investigation Agency of the Special Police Establishment, Delhi, has been convicted by the learned Special Judge.Delhi of offences of corruption and criminal misconduct under section 5(1)(b) and (d), read with section 5(2) of the Prevention of Corruption Act, 1947, and section 165 of the Indian Penal Code. He has been sentenced to rigorous imprisonment for one year and a fine of Rs. 2,000.00 on the first count and rigorous imprisonment for one year on the second count, the sentences to run concurrently. In default of payment of fine it has been directed that he shall undergo further rigorous imprisonment for six months.

(2.) The learned Special Judge has given an exhaustive and detailed history of facts and the background of the case but it is unnecessary to repeat the same. It would suffice to state the material dates and salient facts. The appellant joined service as Sub-Inspector of Police in Madras State in 19+1. He was promoted as Inspector of Police in 1949-1950. He came on deputation to the Criminal Investigation Agency of the Special Police Establishment in February 1949 and joined as Deputy Superintendent of Police. A case had been registered by the Criminal Investigation Agency against some Railway Engineers and certain contractors aswell as firms of South Eastern Railway in Bihar State in Nohamundi-Banspani. One of theee firms of contractors was known as Messrs G.S.Atwal & Company, a proprietor of which was Surjit Sirgh Atwal (hereinafter called "Atwal"), a member of Parliament. According to the first information report registered in that rase, the Engineres and the contractors had entered into a conspiracy and the former and their staff had abused their official .position to cause pecuniary advantage to themselves and to the contractors by giving exaggerated figures and wrong classification of earth work whereby the latter got payments from the South Eastern Railway,which exceeded the legitimate dues by a sum of about Rs l8,00,000.00.)

(3.) The appellant Started investigation of the above case in May 1960. It is altogether unnecessary to refer to the investigation by the appellant relating to the other contractors except Atwal & Co. which mainly figures in the present case. On 10th June 1960 the business premises of this firm were- searched and certain documents were taken into possession at Asansol, Atwal, the proprietor, was interrogated by the appellant at Ranchi on 27th August, 1960. On 13th September 1960 the appellant opened a current account in his name in the Indian Bank Limited, New Delhi, in which he deposited a sum of Rs. 1,500.00 - and he also opened a fixed deposit account in the name of his wife Shrimati Shakuntala, the amount of deposit being Rs.5,000.00. On 18th October 1960, a sum of Rs. 400.00 was credited to his current account. On 9th November 1960 be deposited a sum of Rs. 1,000.00 in his joint account with his wife which he had opened quite some- line back at Madras. On 17th November 1969 he made another deposit of Rs. 5,000.00 in the name of his wife in the New Delhi Branch of Indian Bank Limited for which a fixed deposit receipt was issued and deposited a gum of Rs. 300.00 in his current account.