NARENDRA CHAMPAKLAL TRIVEDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal, filed under Section 374 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of conviction and sentence dated 01st December, 1998 passed by the learned Additional Special Judge, Bhavnagar, in Special Case No.06 of 1994 (A.C.B.) whereby the learned Special Judge was pleased to convict the appellants for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 and sentenced them to undergo rigorous imprisonment for a period of six months with fine of Rs.5,000/- each, and in default of payment of fine; sentenced them to undergo simple imprisonment for a further period of one month. The appellants were also convicted for the offence punishable under Section 13(2) of the Prevention of Corruption Act, 1988 and were sentenced to undergo rigorous imprisonment for a period of one year with fine of Rs.05,000/- each, and in default of payment of fine; sentenced them to undergo simple imprisonment for a further period of one month. However, both the sentences were ordered to run concurrently.

(2.) As per the case of the prosecution, the complainant was residing in Plot No.1 in Virbhadranagar Society. In the City Survey record, that premises was standing in the name of his grandfather, who is not alive. The complainant want to obtain property card and the sketch of those premises and therefore, submitted an application in the office of the City Survey, Bhavnagar. On 11th March, 1994 the complainant met one Mr.Jagani, Clerk in the said office, who asked him to come on the next day, but as it was holiday, asked the complainant to come on 15th March, 1994. On 15th March, 1994 at about 13.30 hours the complainant went to the City Survey Office and met Mr.Jagani and gave the application for the property card and sketch. Thereafter, Mr.Jagani told the complainant to handover the said application to one Mr.Trivedi, who was sitting in the room opposite to his room. Mr.Trivedi told the complainant that it would take about 7 to 8 days to prepare the said copies. Therefore, again the complainant met Mr.Jagani and told him that he had to go his native place on Thursday and had to show those copies to his father and therefore, asked Mr.Jagani that if he would receive the copies before Thursday, then it would be better. Therefore, Mr.Jagani replied that in such haste the work could not be done. Again the complainant asked Mr.Jagani that it would be better if he get the copies before Thursday, to which Mr.Jagani replied that it would dearly costing. The complainant therefore asked him how much, to which Mr.Jagani replied that it would be Rs.50/-. The complainant asked Mr.Jagani that he would be able to get the copies on the same day if he makes payment of Rs.50/-, to which Mr.Jagani replied that if he paid him money, then immediately he would prepare the copies and hand it over to him. Thereafter, the complainant told Mr.Jagani that he had not brought the money. Mr.Jagani told the complainant to meet Mr.Chauhan and Mr.Trivedi and tell them that Jagani had asked him to get the copies. Mr.Chauhan and Mr.Trivedi were sitting in the said room. Thereafter, the complainant met Mr.Chauhan and told him accordingly and Mr.Chauhan told Mr.Trivedi that on the very day the copies were to be given to the complainant and asked him that he should take in the evening between 16.30 hours and 16.50 hours.

(3.) Thereafter, as the complainant was not willing to make the payment, he approached the office of the Anti Corruption Bureau, which is situated on the ground floor of his residence, and gave his complaint to Police Inspector of A.C.B. Thereafter, services of two panchas were sought for. The facts of the case were narrated to them and thereafter experiment of U.V. Lamp was carried out with the help of anthrecene powder. The basic ingredients of the anthrecene powder were explained and made understood to the panchas as well as the complainant. Thereafter, the complainant produced the currency notes. Thereafter, the Investigating Officer gave necessary instructions to the complainant as well as to the panchas. Thereafter, preliminary part of the panchnama was drawn and signature of the panchas were taken below the panchnama. Thereafter, the complainant, panchas and members of the raiding party proceeded towards the City Survey Office.