MANUBHAI GAMBHABHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal has been filed by the appellant under Section 374 of the Criminal Procedure Code, 1973 against the judgment and order of conviction dated 10.04.2000 passed by the learned Special Judge, Ahmedabad City, at Ahmedabad in Special Case No.6 of 1997, whereby the appellant -accused was convicted of the charge for offence punishable under Section 7 of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the Act" for short) and sentenced to undergo simple imprisonment for six months with fine of Rs.250/ -, in default, to further undergo simple imprisonment of one month and also the appellant -accused was also convicted for offence under Section 13 (2) read with Section 13(1)(D)(i)(ii)(iii) of the Act and sentenced to undergo simple imprisonment for 18 months with fine of Rs.250/ -, in default, to further undergo simple imprisonment for one month. The both the sentences were ordered to run concurrently.

(2.) THE brief facts of the prosecution case are that complainant -Sanjay Gyanchand Jain is having his shop behind Liberty Hostel, near Swastik Cross Roads, Navrangpura. This business is run by the complainant in the name of his father. It is the further case of the prosecution that they get quote of kerosene on the basis of card holders. They were getting 3000 liters kerosene every month though the quota allotted to them was 330. liters. It is the further case of the prosecution that every month they were required to submit indent at Zonal Office, Paldi of Civil Supplies Department. They had to show the receipt of the kerosene stock, sale of kerosene stock and surplus in the said indent. It is further case of the prosecution that before last Diwali of 1994, he had gone in company of his father of the Zonal Office at Paldi. At about 12:00 noon, they met Zonal Officer, Shri V.K. Shah and requested for increase of card -holders (appears to request for increase of kerosene quota). It is further case of the prosecution that Zonal Officer, Shri V.K. Shah called upon the father to pay Diwali bonus. His father expressed is inability to pay due to financial crisis and expenditure incurred during Diwali festivals. Shri V.K. Shah informed that Rs.501/ - is the bonus amount and if the said amount is paid then they will think of increasing the cards. Indent for the month of October was handed over and they returned. On that day, in the office at the table of Zonal Officer, Mr.Shah, Assistant Zonal Officer Shri D.F. Solanki and Inspector Shri Parmar who was having curly hair and blackish complexion, both of them also told that work will be done only after bonus amount is paid. Thereafter, his father and himself had not gone to make payment in previous month. It is further case of the prosecution that on 12.12.1994, he had gone to the Zonal Office and inquired about the arrival of tanker from Shri Parmar and he was informed that there was no information about arrival of the tanker but if it arrives, the same will be sent. It is the further case of the prosecution that he inquired from Mr.Parmar as to what was decided for increase of the card at the shop and he was told that as Diwali bonus requested for was not paid his work will not be done. He informed Mr.Parmar that the amount was every huge and as they were having financial crisis, it should be reduced. He was told to pay Rs.200/ - at present and remaining to be paid later on. He informed about making payment within a week and at that time, he was told to make payment of Rs.200/ - within 3 to 4 days between 1:00 a.m. to 1:00 p.m. and that his work will be done. He was not wiling to make such payment and hence he went to the office of the ACB on 14.12.1994 and filed a complaint against the accused. Thereafter, Investigating Officer, Police Inspector Kiranbhai Manubhai Rathod of ACB arranged for two panchas. The complainant and members of raiding parties were introduced to the panch witnesses. After the following necessary procedure, the aforesaid aspect was verified and a trap was arranged, wherein the accusedappellant herein, was caught red -handed.

(3.) AFTER completion of the investigation, the chargesheet was filed before the learned Special Judge, Ahmedabad City, at Ahmedabad, which was, thereafter, numbered as Special Case No.6 of 1997