M P RAMADAS Vs. STATE

JUDGEMENT

(1.) IN these appeals filed under Sec. 374 (2) Cr.P.C. the appellants who are accused Nos. 1 and 2 respectively in C.C. 78 of 2000 on the file of the Court of the Enquiry Commissioner and Special Judge, Thiruvnanathapuram, challenge the conviction entered and the sentence passed against them for offences punishable under Sections 7 & 13 (2) read with Sec. 13 (1) (d) of the Prevention of Corruption Act, 1988 ("the P.C. Act" for short) and Section 34 of the INdian Penal Code ("the I.P.C." for short). THE PROSECUTION CASE

(2.) THE case of the prosecution can be summarised as follows:- A1 ( N.P. Ramadas) was working as the Food Inspector, Adoor Circle during the period from June -1996 to August 1998. A2 (S.A. Muhammed Salim Khan) was working as a Peon in the office of A1 during the period from June 1997 to August 1998. In furtherance of their common intention to obtain undue pecuniary advantage , A1 and A2 who were working as public servants abused their official position by A1 demanding a bribe of ` 6,000.00 from P.W.1 (N.N. Baby), the proprietor of a grocery shop by name "Naluthundil Stores", near Kadambanad Bazaar in Pathanamthitta District on 24- 08-1998 at about 10.30 a.m. in the office of A1 at Adoor as a motive for saving P.W.1 from a Food Adulteration Case which would be launched against him in respect of turmeric ( ) purchased by A1 accompanied by A2 from the shop of P.W.1 on 22-08-1998 . On 26-08-1998 at 3.45 p.m. A1 repeated the demand from the premises of his office . In pursuance of his demandand in furtherance of the common intention of A1 and A2 to obtain undue pecuniary advantage, A2 accepted ` 6,000.00 in the form of tainted notes from P.W.1 at about 3.45 p.m. on 26-08-1998 when P.W.1 paid the said amount to A2 as directed by A1. A1 and A2 have thereby committed offences punishable under Sections 7 and 13 (2) read with Sec. 13 (1) (d) of the P.C. Act and Sec. 34 I.P.C. THE TRIAL

(3.) THE 2nd accused filed a written statement to the following effect:- On 22-08-1998 himself and A1had been to the grocery shop of P.W.1. A1 demanded turmeric for sampling. Since P.W.1 did not have the bill he was unwilling to sell turmeric. When A1 asked him the reason, P.W.1 told him that he was not having the wholesale bill for turmeric. P.W.1 then offered to give any other commodity for whichthere was wholesale bill. Accordingly, A1 took a sample of black gram dhal in accordance with law.THE signatures of P.W.1 were obtained on the sample bottles. THEreafter, A1 and A2 reached the office along with the samples. In the afternoon himself and A1 went to a grocery shopin Omalloor Panchayath and took samples of cumin seeds and prepared a mahazar. After reaching the office he went home. On 24-08-1998 at about 10 a.m. he reached the office. He despatched to the Public Analyst through the DTDC Adoor,Tthe samples which were taken on 22-08- 1998.He reached back the office at 10.45 a.m. THE remaining samples were taken by him to the office of the D.F.I. at Omalloor. He had obtained the acknowledgment of receipt of sample in the local delivery book by the Clerk in that office. It was past 12' noon when he returned from the office of D.F.I . He reached his office at about 1 p.m. A1 was there in the office. A1 then took him to the Milk Society at Mallapuzhassery Panchayath for taking samples of milk. Since they were told that the Secretary of the Society who was a member of the Panchayath was engaged in a meeting, A1 did not take samples therefrom. A1 permitted A2 to go to the office and A2 reached the office at 4.30 p.m. In the afternoon of 26-08-1998 he was cleaning the bottles to be used for sampling . After about 4 p.m. P.W.1 came to the office and enquired about A1. He told P.W.1 that A1 was not in the office. After some time P.W.1 was seen going out of the office. At about 4.15 p.m. he locked the office and proceeded to have his evening tea. When he got into the road, there were two Jeeps with persons sitting inside the Jeep. P.W.1 was also among them. One among them asked him as to where he was going when the Food Inspector was not there. THE said person introduced himself as the Dy.S.P. (Vigilance), Pathanamthitta and asked him to open the office. When he told him that he was going to take his tea and he shall open the office thereafter, the officer forcibly made him open the office. At that time, some of his companions had held his hands behind him. At that time as per the directions of the Dy.S.P., P.W.1 inserted a few currency notes in the right hand side pocket of his pants. He was made to sit on a stool. He was then asked to take out the notes which were inserted in his pocket by P.W1. When he refused, he was abused and caught hold of by the neck. Fearing more harm he obeyed them by taking out the currency notes which were inserted by P.W. 1 in his pocket. He placed the notes on the table. THEreafter his right hand fingers were forcibly dipped in lime water and thereafter he was arrested and taken to the Vigilance Office at Pathanamthitta. In an unsuccessful attempt by P.W.1 and the local Merchants' Association to catch A1, a false trap was staged by them with the help of the Dy.S.P. and he was made a scape-goat. He is innocent. TRIAL COURT'S CONCLUSION