M SELVARAJAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) In Special Case No.1 of 1984, on the file of the Special Judge and Chief Judicial Magistrate, West Thanjavur, appellant Selvarajan was convicted under Section 161 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years. He was further convicted under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act and sentenced. to undergo rigorous imprisonment for four years as well pay Rs. 500/- as fine, in default to suffer rigorous imprisonment for three more months. The substantive sentences of imprisonment were directed to run concurrently.

(2.) At the relevant time, which dates back to August, 1983, appellant was working as an Assistant in the Excise Office situate at Mayilduthurai. P.W.1. Gunasekaran successfully bid in the auction held for conduct of toddy shop for the period 1982-83. The auction related to Sethi Village, where P.W.1 was then residing. Before the auction was conducted, P.W.1 paid a security deposit of Rs. 1000/- as well as another Rs. 1000/- for solvency. These payments were made at Taluk Office, Mayiladutharia. There is no dispute that he conducted trade in toddy till 15-7-1983, when the period of which he bid in the auction stood terminated. P.W. 1 did not choose to bid in the next auction for the year 1983-84.

(3.) P.W. 1 was anxious to obtain return of Rs.1000/- paid by him as security deposit as well as Rs.1000/- paid towards solvency, since he was no longer interested in conduct of the toddy shop. Once, he made an application on 11-7-1983 to the Excise Officer, Mayilduthurai. Ex. P-1 is the said application. The Excise Officer informed P.W.1 that the earlier auction period would terminate only on 15-7-1983 and hence P.W. 1 should approach him for reflUld only after expiry of the licence period. On 15-7-1983, P.W.1 went over to the Excise Office and found that the appellant was working as an Assistant in that particular seat. P.W.1 claims to have enquired the appellant about his earlier application. On 1-8-1983, P.W. 1 forwarded Ex. P-2 a reminder to the Excise Officer. Mayilduthurai, pleading for return of the deposit earlier stated. Though he has mentioned in Ex. P-2 that an earlier petition was handed over by him on 15-7-1983, no such petition has been marked. P.W. 4, R. Navukarasu, then Excise Officer, Mayiladuthurai, had directed placing of Ex. P-1 before him for order after 15-7-1983. After Ex. P-2 was received, P.WA perused the note of the appellant that the security deposit paid by P.W.1 could be returned and approving the same passed on order for return on 10-8-1983 through Ex. P-18. P.W. 4, after verifying the documents concerned, ordered on 17-8-1983 that Rs. 1000/- can be paid over to PW.1. Accordingly, a draft was obtained from Mayiladuthurai Treasury, dated 23-8-1983 for the purpose of return to P.W. 1.