LAWS(GJH)-2018-3-87

MAHESHBHAI NAVINCHANDRA MANKAD Vs. STATE OF GUJARAT

Decided On March 26, 2018
Maheshbhai Navinchandra Mankad Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) The present appeal is preferred by the appellant original accused against the judgment and order dated 29.06.2005 passed by learned Presiding Officer, Fast Track Court No.2, Bhavnagar in Special Case No.4 of 2000 whereby the appellant accused has been convicted and sentenced to undergo simple imprisonment for three years and to pay fine of Rs.15,000/ , in default, to undergo simple imprisonment for six months for the offence under Section 13(1)(d) of the Prevention of Corruption Act, 1988 ( the Act for short). No separate sentences were ordered for the offence committed by the accused under sections 7 and 13(2) of the Act.

(2.) The short facts giving rise to the present case are that the complainant was proprietor of Mehta Steel Corporation who was awarded contract for lifting the scrap of the Gujarat Maritime Board where the accused was serving as Executive Engineer. At the relevant time, there was lesser supply of quantity, due to which, a question of refund had arisen from the Gujarat Maritime Board and as the complainant wanted refund of Rs.53,925.80ps, and for issuance of such refund order and handing over the resultant cheque thereof, the accused demanded initially Rs.10,000/ which came to be scaled down to Rs.3000/ . As the complainant was not willing to pay such amount of illegal gratification, he lodged the complaint on 19.11.1999 at 12:00 hours and the trap came to be laid on 19.11.1999 and the accused came to be caught red handed along with tainted current notes lying over the table and thereby, the accused committed an offence punishable under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988.

(3.) In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the charge sheet against the appellant accused. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried.