SUPERINTENDENT OF POLICE Vs. M K GOPINATHAN

JUDGEMENT

(1.) This appeal against acquittal is by the State in a trap case involving an offence punishable under section 5(2) read with section 5(1)(d) of the Prevention of Corruption Act and section 161 of the Indian Penal Code. The allegation against the respondent (a Central Excise Inspector) is that he demanded and received Rs. 300/- as gratification other than legal remuneration on 23.5.1985 from P.W. 1 as a motive for renewal of licence for the Refrigerator and air-conditioner appliance of the ice plant belonging to his brother and managed by him.

(2.) Defence is a total denial of involvement coupled with a contention that he has no authority to renew licence and according to the work arrangement the area did not come within his field of operation also. The further case is that the notes were thrust into his pocket against his wishes and in spite of his objections and he was trapped while attempting to take out and return the notes.

(3.) The prosecution case starts with a visit by P.W. 4, Superintendent of Central Excise, to the ice plant Oil 21.5.1985 in the company of the respondent. It was pursuant to the direction given then that P W. 1 came on 22.5 1985 and met P.W. 4. P.W. 4 directed P. W. I to the respondent and informed that respondent will put him in the correct line. Respondent is said to have demanded Rs. 300/- when P.W. 1 met him. He promised to come back with money. Next day he gave information to P.W. 7 in the C.B.I. office. Case was registered and trap arranged. P.W. 2 was deputed to go along with P.W. 1 to witness the demand and payment. P.Ws. 3, 7 and 8 are the other members of the trap party who waited outside. After getting the prearranged signal all of them went. The amount was recovered from the pocket of the respondent under Ext. P6 recovery mahazar. These facts were spoken to by all these witnesses. It was in the room of P. W. 4 and in his presence the recovery was effected. He also supported the prosecution. P.Ws. 10 and 11 are the colleagues of the respondent. They turned hostile.