BABARALI AHMEDALI SAIYAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By the judgment and order dated 18/01/1984 the Special Judge Valsad at Navsari has convicted the appellant for the offences punishable under Sec. 161 of the Indian Penal Code and Sec. 5(1)(d) read with Sec. 5(2) of the Prevention of Corruption Act and has ordered him to undergo R. I. for one year and to pay a fine of Rs. 500.00 in default R. I. for three months.

(2.) It is the prosecution case that the accused Babarali Ahmedali Saiyad was serving at Vapi in S. T. Corporation Gujarat as Depot Manager. The complainant Shankerbhai Kakadiabhai Purohit was working as S. T. Bus Conductor under Vapi Depot. Against him a departmental enquiry for an incident dated 9/11/1982 for not issuing tickets to two Adivasi passengers was pending. For the said incident Traffic Inspector Mr. P. H. Koli checked the S. T. bus at Silvasa on 9/11/1982 The Traffic Inspector found that there were two passengers without ticket. From them he collected the ticket charges and also fine. On the basis of the said incident a report against the complainant Bus Conductor was submitted. On the basis of the said report departmental enquiry was being conducted by the appellant. The hearing of the enquiry was fixed on 23rd March 1983 and in the presence of Mr. Koli the statement of the complainant was recorded. The said statement is produced on record at Ex. 13. After this was over it is the say of the complainant that the accused called him in his office and had asked him what he intends to do. To this the complainant replied that he was innocent and that he had not taken any ticket fare from the passengers therefore mercy be shown. Thereafter the accused asked him how much amount he had collected. He thereafter demanded Rs. 400.00 so that the complainant would not be required to file appeal against his order. The complainant said that he was a poor man and he would not be able to pay this much amount. Thereafter the accused said that he would wait till the complainant received his monthly pay. 6/04/1983 was the pay day and he had taken his salary at about 11-45 a m. At that time the accused was in his quarter. He called the complainant and inquired with regard to Rs. 400.00. The complainant replied that he would not be in a position to pay Rs. 400.00. There after the accused said that he should pay Rs. 300 on the next day i. e. 7-4-1983 between 1-00 to 2-00 p.m. at his quarter otherwise he would give judgment against him. To this the complainant agreed but as he was not Willing to pay the amounts he contacted Anti-corruption Department at Valsad. P. I. Jhala recorded the F.I.R. Ex. 5 on 7-4-1983 at about 9.45 a.m. and trap was laid on that very day.

(3.) P. I. Jhala called two panches in the office in pursuance of the complaint filed by Shankerbhai. Necessary panchnama was prepared. After taking currency notes and treating them by anthracene powder and seeing them under ultra-violet lamp panch No. 1 was informed to accompany the complainant and; was asked to hear the talk between the complainant and the Depot Manager Mr. Saiyad and to see the payment of money. If necessary he may ask the Depot Manager for hiring S.T. bus for going to Nasik. Panch No 2 was to accompany the raiding party. Panch No. 1 was informed that after the amount is paid he should give agreed signal of keeping his right hand on head. This part of the panchnama was over at about 12-45 p.m. Thereafter the raiding party proceeded to go at Vapi S.T Stand. They reached there at about 1-25 p.m. The complainant and panch No. 1 went at the residential quarter of the accused. At that time the accused was applying a lock to his quarter. The complainant had inquired from the accused about his case. It that time the accused inquired from panch No. 1 who he was and why he had been there. To this panch No. 1 stated that he wanted to have S. T. bus for going to Nasik. Panch No. 1 was asked to to to the office and wait there panch No. 1 therefore just moved aside and stood at the corner in such a manner that the accused cannot see him. Thereafter the complainant informed the accused that he had brought Rs. 300.00. The accused therefore demanded the said amount of Rs. 300.00. The complainant paid it to the accused. The accused had accepted it by his left hand and kept it in his hand. At that time panch No. 1 again came there to inquire whether he is required to pay hire charges immediately. To this he was informed go to the office and wait there. Thereafter panch No. 1 went ahead of the complainant and gave the agreed signal. Immediately raid was carried out. P. I. gave his introduction. At that time the accused threw the currency notes on the ground P. I. Jhala directed one Constable to keep a watch on the currency notes. P. I. Jhala accused complainant and panches thereafter went at the quarter of the accused. The P. I called for the currency notes and panch No. 1 was directed to compare the Nos with the Nos. mentioned in the Panchnama. The currency notes were seen under ultra-violet lamp and on the notes white shining marks were noticed. Left hand of the accused was seen under ultra violet lamp. On his left hand white shining marks were noticed on the finger tips and on the palm of the accused. Nothing was found on his right hand. Similar marks of anthracene powder were seen on the hand of the complainant and on his bush-shirt. Thereafter from the accused case-papers pertaining to departmental enquiry against the complainant with regard to the incident of 9/11/1982 were seized after preparing a list of the case-papers Necessary Panchnama was prepared at 3-45 p.m.