SURESHBHAI DHLABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present appeal filed under Section 27 of the Prevention of Corruption Act, 1988 read with Section 374(2) of the Code of Criminal Procedure, 1973, the appellant has challenged the judgment and order of conviction dated 8.11.2011 passed by the learned Second Extra Assistant Sessions Judge and Special Judge (ACB Case), Bharuch, in Special A.C.B. Case No.4 of 1998. The said case was registered against the appellant-original accused for the offences punishable under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act. The appellant is sentenced to undergo R.I. for one year and six months and a fine of Rs. 5,000/-, in default, R.I. for three months for the offence punishable under Section 7 of the Prevention of Corruption Act. He is also sentenced to undergo R.I. for one year and six months and to pay fine of Rs. 5,000/-, in default, R.I. for three months for the offence punishable under Sections 13(1)(d) and Section 13(2) of the Prevention of Corruption Act and substantive sentences are ordered to run concurrently.

(2.) According to the prosecution case, PW No.1 Vinodkumar Laxmanbhai Patel Ex.11 is the complainant. His FIR is at Ex.2 On 27.3.1998 at 7:00 p.m. his FIR is registered at Bharuch ACB Office. It was recorded at ACB Office, Vadodara at 4:30 p.m. on 26.3.1998. The case of the complainant in his FIR Ex.22 is that in partnership with his wife Urvashi and with his younger brother Yogesh he has been doing the business of Weight and Measures repairing in the name and style of "Vivid System" at Vadodara and Ankleshwar. He was conducting the trading business. Every year for scrutiny they have to produce the weighing scales before the Weight & Scale Inspector of the concerned area and they have to take the license for 4 districts, like Vadodara, Kheda, Panchmahal and Bharuch. In 1996 the license was given to him for all over the Gujarat State and for complying with the procedural requirement he had to visit all over Gujarat. His services were engaged by his customer companies at Ankleshwar. In 1998 for the purpose of scrutiny etc. on 24.3.1998 he had to go to the office of the accused. The complainant's office is situated at 401, World Trade Centre, Sayajiganj, Vadodara and its Branch Office is situated at B/43, Ravi Complex, Old National Highway No.8, GIDC, Ankleshwar, Dist. Bharuch. In Bharuch District his services were engaged by his customer companies on annual contract basis and as per the Weights & Measures Act, 1985, every year he had to visit the Inspector for scrutiny of the Scales of Weights and Measures for getting the certificate about their correctness. The accused was the Inspector of the concerned area. His grievance was that over and above the legal consideration for that, the accused was demanding additional amount as bribe amount. (1) M/s. Gujarat Lyka (2) M/s. Gujarat Lyka (3) M/s. Bright Handolite (4) M/s. Iron Exchange (5) M/s. Lupin Laboratory (6) M/s. Lupin Laboratory (7) M/s. J.B. Chemicals (8) M/s. Sukhdev Chemicals are the companies, certificates for which about weights and measures expired in March, 1997. Therefore, he had approached the accused on 24.3.1998 for getting the certificate and met the accused at his office at Ankleshwar GIDC Camp situated behind Dena Bank, at about 11:00 or 11:30 a.m. he gave to him the details of his aforesaid 8 customers. The fees of Rs. 2443/- was paid by him as per the instructions of the accused and then the accused demanded illegal consideration of Rs. 7,500/- for 5 units @ Rs. 250/- per unit and Rs. 1,500/- for one mechanical weighbridge. He also demanded illegal consideration of Rs. 1,000/- for 10 forms @ Rs. 100/- per form. Thus in all the accused demanded the bribe amount of Rs. 10,110/-. He also said that for Shri. V.D.Vahiya he had to pay the additional amount of bribe of Rs. 1,000/- and thus he had to pay total bribe amount of Rs. 11,110/-. He threatened him that if this amount was not paid to him, he would see to it that his customers' business would be transferred from him to the local repairers. The complainant said to the accused that at the relevant point of time he had no funds but he assured him that he would surely make the payment of the amount. The accused also in turn assured him that he would do his job. But so far as his other stamping work is concerned, they were to be done on 27.3.1998. The accused, therefore, told him that for that purpose he would go to his office between 11:30 a.m. and 12:00 noon and thus he would reach his office and there he would receive money from him. Alternatively, he said that if he is not able to reach the office of the complainant, he should go to his camp office and give him the money. Then he gave stamps of approval and also gave to him the certificate. At the time, when the complainant gave the FIR he assured the police that he would produce all papers lateron. In his FIR he further says that perhaps on 27.3.1998 for other procedural requirements which were to be complied with in re-stamping also the accused might demand further amount of bribe.

(3.) PW No.3 - Police Inspector, ACB, Vadodara Jagmalbhai Govindbhai Chauda Ex.21 recorded the FIR Ex.22 and then drew the first part of the trap panchnama Ex.13 on 27.1998 between 6 and 8 p.m. Thereafter, the raiding party after following necessary formalities in the ACB office Vadodara left Vadodara at 8:15 a.m. in the Government jeep and along with them there was Shri. Vasava, Assistant Director, ACB who also came in his vehicle. As per the instructions given to the complainant the vehicles were parked at some distance from the place at which the raiding party had to go, where they reached at 10.15 a.m. but thereafter as it was decided earlier all members of the raiding party got down. The complainant and PW No.12 Mayankbhai Shashikantbhai Bhandari Ex.12 Panch -1 went ahead. They reached the office of the complainant. The complainant opened his office. At that time Panch-1 was with him. Other members of the raiding party including Panch-2 were following them and in the open space near the office of the complainant they spread over themselves. The complainant came in a car and got down from it with a black colour bag. He sat on the left hand side of the complainant on a chair. After some time the complainant gave a prearranged signal and made voice as if he was at the relevant time coughing so that raiding party members entered the premises of the complainant and the accused was found accepting the bribe amount with his right hand and, thereafter, the bundle of those currency notes were put on the bag and thereafter in the bag itself. The second part of the Panchnama was over at 4:00 p.m. on 27.1998.