OM PARKASH CHHIKARA Vs. STATE

JUDGEMENT

(1.) The appellant was employed as Inspector in the office of Municipal Corporation of Delhi, his posting at the relevant point of time being in the Zonal Health Office of Shahdara, South Zone at Shalimar Park, Shahdara, Delhi. He was indisputably dealing with the matter arising out of an application (Ex. PW1/D2) dated 03.06.1994 submitted in the name of Sanjay Kumar (PW-3) son of the complainant Kulwant Singh (PW-1) for issuance of a municipal licence for running a shop (provisional store) in the name and style of Sanjay Di Hatti.

(2.) On 19.12.1994, on the complaint (Ex. PW1/A) of Kulwant Singh (PW-1), Central Bureau of Investigation (CBI) registered first information report (Ex.PW10/A) regarding demand of illegal gratification by the appellant, it constituting an offence under Section 7 of Prevention of Corruption Act, 1988. It is alleged that a trap was arranged in which, besides the complainant (PW-1), two independent witnesses named O.P.Kala (shadow witness) and R.C. Verma (PW-5) were joined by the trap laying officer, DCP S.K. Peshin (PW-10). It is alleged that during the trap, the appellant demanded and received from the complainant, an amount of Rs.3,000/- in the form of 30 currency notes of the denomination of Rs.100/- which earlier had been treated with phenolphthalein powder, to be used as trap money. The trap money was allegedly recovered, it being found kept in a polythene bag in the bottom drawer of the office table of the appellant.

(3.) The investigation into the FIR culminated in charge-sheet being submitted on the basis of which criminal case (CC 19/1995) came up before the court of the Special Judge. The appellant was put on trial on the charge for offences under Sections 7 and 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988. He was held guilty as charged by judgment dated 18.02.2000, the trial court awarding, by subsequent order dated 28.02.2000, punishment in the form of rigorous imprisonment for two years with fine of Rs.10,000/- on each count.