AMBARAM MANSUKHDAS ARAMVANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has preferred this Appeal under Section 374 of the Code of Criminal Procedure, 1973 against the judgment and order of conviction and sentence dated 31st January 1997 passed by the learned Special Judge, Sabarkantha, Himmatnagar, in Special Case No.08 of 1989, whereby the learned Judge was pleased to convict the appellants-accused under Sections 161 of the Indian Penal Code and under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act.

(2.) It is the case of the prosecution that the appellant was serving as Mamlatdar at Malpur in the year 1986. As the Government announced scheme of Mid-day-Meal, the complainant-Jayantibhai Rangabhai Patel was appointed as organiser in the year 1986. He used to supply the food to the children in the school at 01:00 p.m. Being mamlatdar, the appellant was to issue permit so that the complainant purchase the grains, oil, gud, etc., from the Co-operative Societies. Being organiser, the complainant was getting Rs.200/- by way of salary. It is the case of the prosecution that one Valabhai Kalabhai, principal of primary school at village Dodiya, approached the present appellant by way of letter dated 18th August 1986 regarding fabrication of certain documents in the register and irregularities being committed by the complainant. Therefore, the appellant appointed Mr.Barot-Deputy Mamlatdar to inquire into the matter and show cause notice was issued. The appellant dismissed the complainant from his assignment. The Deputy Mamlatdar by his report dated 30th August 1986 submitted that the complainant has played some mischief by making some corrections in the Rule framed. Therefore, explanation was called for from the complainant. As the complainant was dismissed as organiser, it is alleged that he contacted the appellant after 4-5 days. It is alleged that the appellant told the complainant to get the Resolution of the Committee Members to continue him as the organiser. Therefore, as alleged, the complainant obtained the Resolution duly passed by the Committee Members and thereafter he requested the accused to continue as the organiser. It is alleged that at that time one Bhagwanbhai alias Bhagabhai Ramabhai had accompanied him, who was the Secretary of Seva Mandli at Village Parsoda. It is the case of the prosecution that Bhagabhai had earlier met the appellant alone and disclosed the said conversation to the complainant and told him to pay Rs.01,000/- to the appellant to be continued on the post of organier. As per their talk, the complainant offered Rs.500/-, out of Rs.01,000/-, at the first instance to the appellant and requested the appellant to continue him as the organiser. It is further the case of the prosecution that as the complainant was not willing to pay remaining amount of Rs.500/- to the appellant, after 10-12 days thereafter, the complainant approached the ACB Office at Himmatnagar and lodged his complaint. It is also the case of the prosecution that at that time he owed Rs.600/- from one Rajendrabhai at the instance of Bhagwanbhai, who had written a request letter addressed to Raju Sheth. Out of that amount, he paid Rs.100/- to Bhagwanbhai as commission and presented Rs.500/- before the Police Inspector, ACB for laying a trap. Thereafter, formal procedure was explained to the complainant and panch witnesses and it was stated to them that on sprinkling anthracene powder on currency note it will be seen in light blue shining, if the the same will be seen under ultraviolet lamp. Thereafter preliminary panchnama was drawn in presence of two panchas, who were summoned by the Police Inspector. Thereafter, after completing the necessary formalities, at about 01:30 p.m. to 02:00 p.m. the complainant, two panchas and the members of raiding party went to Malpur. It is further the case of the prosecution that when they reached to the office of the appellant, somebody was sitting in the chamber with him and therefore, the panch and the complainant waited outside for sometime. It is further the case of the prosecution that thereafter when the person sitting in the chamber with the appellant left the chamber, the complainant and Panch No.1 went inside the office of the appellant, the complainant showed them muster roll to the appellant and he said that the Principal had also signed the muster roll and requested the appellant to continue him as organiser. Thereafter, as alleged, the complainant offered Rs.500/- to the appellant taking out the same from his bush-shirt pocked by his right hand, which was accepted by the appellant and put the same in the pocket. Thereafter, when signal was passed-on by the complainant as suggested by the Police Inspector, members of raiding party intruded in the chamber and carried out the raid. It is the case of the prosecution that as alleged, the experiment under Ultra Violet lamp was carried out. The green coloured effect was seen on the weekly Gujarat. On searching the appellant, from his right pocket of the pant Rs.500/- was taken out by the Panch No.1 and on seeing those currency notes under the Ultra Violet lamp, light blue shining effect was seen. Inside the pocket of the appellant the same effect was seen. Thereafter, second part of the Panchnama was drawn and the panchas signed that Panchnama.

(3.) Thereafter the police completed the investigation by recording statements of some witnesses and after obtaining the sanction, submitted charge-sheet against the present appellant.