A S SUBRAMANIAN Vs. STATE

JUDGEMENT

(1.) THE appellant herein who is the first accused in Special Case No. 1 of 1998, on the file of the Chief Judicial Magistrate, chenglepet, stands convicted under sections 7 and 13 (2) r/w 13 (l) (d) of Prevention of Corruption Act and sentenced to undergo six months rigorous imprisonment and to pay a fine of Rs. 1000/- in default to undergo two months rigorous imprisonment for the offence under Section 7 of the Prevention of Corruption Act and also sentenced to undergo one year rigorous imprisonment and to pay a fine of Rs. 1000/- in default to undergo two months rigorous imprisonment for the offence under Section 13 (2) r/w 131 (l) (d) and the sentences of imprisonment are to run concurrently. Aggrieved by the said conviction and sentence, the appellant has preferred this appeal.

(2.) THE case of the prosecution, in brief, is that P. W. 2, Neelamegam was the Deputy manager of ''futura Polymers Ltd. at No. 1 -A, Kamarajar Salai, Chinnasekadu, Madras-68, P. W. 4, Ramakrishnan was the General manager of the Company and P. W. 5 was the managing Director of the said company. The company js within the jurisdiction of chinnasekadu Town Panchayat. The company had applied for issuance of dangerous and offensive trade license. Ex. P. 29 is the application, Ex. P. 2 is the covering letter. The first accused/appellant herein called for certain documents through letters dated 13-12-1994, 20-3-1995, 28-6-1995, 26-9-1995 and 5-10-1995, Exs. P. 4 to P. 8 and the company also replied to those letters. Ex. P. 10 is the reply dated 30-1-1995 given by P. W. 4. In the letter dated 13-5-1995, a cheque for rs. 33,890/- was also sent to the Panchayat union as informed through letter Ex. P. 7 by the first accused. As no receipt was received for the payment through cheque till 01. 11. 1995, P. W. 2 went to the Office of the first accused on 30. 10. 1995 and enquired him about the license. At that time, the second accused was also present by the side of the first accused. Then the first accused saying that he had to issue the license, demanded a sum of Rs. l0,000/-as bribe. He also directed P. W. 2 to meet him on 17. 05. 1995. P. W. 2 has not informed this to anyone in the company. On 27. 05. 1995 p. W. 2 again received the telephone call from the first accused and as such, he went and met the first accused at about 4. 00p. m. , in his office. The second accused was also with him. The first accused questioned P. W. 2 as to why he did not come with the amount on 17. 05. 1995. Then P. W. 2 replied that the company was not in the habit of giving bribe and as the accused was insisting him, he would inform the matter to the company manager and also informed the accused that he would meet him on 31. 12. 1995. P. W. 2 also informed this matter to P. W. 4 and P. W. 5, but P. W. 2 was asked to meet the first accused and to insist for the license without paying the bribe amount. On 31. 10. 1995, p. W. 2 went and met the first accused and informed that the company was not in a position to pay the bribe amount. Then the first accused told him that on the next day at about 2. 00 p. m. he would visit his office and also would bring the receipt for the payment which has already been made. P. W. 2 also told him that, if bribe amount is not paid to him, he would delay the issuance of license and therefore asked him to keep ready the amount, in turn P. W. 2 informed this to P. W. 4 and P. W. 5. P. W. 2 was instructed to give a complaint to the Vigilance and Anti Corruption Cell. P. W. 2 was also allowed to draw the money of Rs. 10,000/-from the accounts department. P. W. 2 went to the Vigilance office at about 5. 15 p. m and handed over the written complaint Ex. P. 15 to the Deputy Superintendent of Police. On the direction of the Deputy Superintendent of Police, P. W. 11, Inspector of Police received the complaint and registered the case in crime No. l of 1995 and prepared the First information Report Ex. P. 38. P. W. 2 was instructed to come on the next day at 9. 30 a. m. P. W. 11 also arranged for the mahazar witness. On 01. 11. 1998 at about 9. 30 a. m. P. W. 2, P. W. 3 Kandan and another lakshmanan all appeared before the Vigilance officer. P. W. 2 was introduced to the witnesses and they were explained about the phenolphthalein test. P. W. 2 was instructed to pay M. 0. 1 series currency notes only on demand by the accused. He was also informed to give a signal by mopping his face with the handker-chief. An entrustment mahazar mentioning all the details was prepared under Ex. P. 16. Then the trap laying party proceeded from the Vigilance office and reached the company office at about 12. 45 p. m. P. Ws. 2 and 3, the accompanying witnesses went inside the company's office. P. W. 2 instructed P. W. 3 to sit in the chair in front of the computer which was in the opposite direction to the seat of the accused. At about 1. 30 p. m. both the accused 1 and 2, entered into the office of P. W. 2. They were also holding the file and bill book. The first accused asked P. W. 2 whether the bribe amount of Rs. 10,000/- is ready. P. W. 2 made request to reduce the amount from Rupees 10,000/- to Rs. 8,000/-, but the first accused refused. P. W. 2 requested him to give the receipt for the payment which has been already made and the accused particularly asked whether the amount was ready. The first accused directed the second accused to give the receipt. Ex. P. 17 series are the receipts given to P. W. 2 and the acknowledgment was also received. Then P. W. 2 enquired about the license. He also handed over the amount M. O. I currency notes to the first accused. The first accused after counting the money, kept it under the file which he had brought. P. W. 2 came out of the office and gave the pre-arranged signal by mopping his face. P. W. 11 rushed into the office and the accused were identified by P. W. 2. Sodium carbonate solution was prepared and the first accused was asked to dip his fingers in the two glass tumblers and the solution in which the right hand was dipped turned into more pink colour and the solution in which the left hand was dipped turned into pink colour slightly. Then the first accused was asked to handed over the money and he took the money from the file and hand over to p. W. 2 Inspector. The numbers in the currency notes were compared. Then P. W. 11 followed the formalities and seized the articles and other documents. Then he prepared the recovery mahazar Ex. P. 42, and also arrested the accused at about 3. 00 p. m. P. W. 12, Inspector of Police, vigilance and anti-corruption took up the investigation on 10. 11. 1995 and examined the witnesses. In the month of September, as he was transferred from the post, the investigation was continued by the Deputy Superintendent of police, P. W. 13 and from P. W. I sanctioning authority obtained sanction order Ex. P. 1 and on completing the investigation he laid the final report on 06. 03. 1998.

(3.) THE prosecution has examined 13 witnesses, marked 48 exhibits and produced 3 material objects.