S. K. BHATIA Vs. CENTRAL BUREAU OF INVESIGATION

JUDGEMENT

(1.) In the above captioned three appeals, challenge is to impugned judgment of 31st July, 2014 vide which appellants have been held guilty for the offence under Section 120-B read with Sections 7, 12, 13(2) read with Section 13(1) (d) of Prevention of Corruption Act, 1988 (henceforth referred to as the "PC Act"). In addition, appellants-Ajay Kumar Goel and S.S.Sanan have been also held guilty for the offence under Section 12 of PC Act. Vide impugned order on sentence of 5th August, 2014, all the three appellants have been sentenced to rigorous imprisonment for one year and fine of Rs. 25,000/- with default clause for committing offence under Section 120-B read with Sections 7, 12 and 13 (1) (d) of PC Act. In addition, appellant- S.K. Bhatia has been also sentenced to rigorous imprisonment of one year and fine with default clause for the offence under Section 7 of PC Act and rigorous imprisonment for three years and fine with default clause for offence under Section 13 (1) (d) of PC Act.

(2.) With the consent of learned counsel for both the sides, the above captioned appeals were heard together and are being disposed of by this common order.

(3.) Appellant- S.K. Bhatia was working as Junior Engineer (JE) in the Appropriate Authority, Department of Income Tax and at the relevant time was a member of the inspection team and was supposed to inspect the property for grant of 'NOC'. The allegations levelled against him by respondent-CBI are that he along with co-appellants Ajay Kumar Goel and S.S. Sanan entered into a criminal conspiracy and demanded bribe in lieu of issuance of NOC for the transfer of property. The case set up by respondent-CBI is that on receipt of secret information, S.B.Sinha, Trap Laying Officer (PW-6), constituted a raiding team consisting of DSP S.K. Peshin, (PW-8), Inspector Rajesh Kumar (PW-9), DSP Ramnish (PW-10) and SI Shobha Dutta and took along two independent witnesses- Baldev Khera (PW-2) and B.K. Agnihotri to join the raiding team.