RAJ KUMAR Vs. STATE

JUDGEMENT

(1.) These criminal appeals have been filed under Sec. 27 of the Prevention of Corruption Act, 1988 read with Sec. 374(2) Cr.P.C. against the judgment and order dtd. 21/7/2014 passed by the learned Special Judge, Anti-Corruption, West, Uttar Pradesh, Lucknow in Criminal Case No.01 of 2011 (CBI Vs. Udai Pratap Bhartiya and three others) under Sec. 120-B IPC read with Sec. 13(1)(d) and 13(2) of Prevention of Corruption Act, arising out of Crime No.RC0062000A0017/2000, Police Station CBI/ACB, Lucknow, whereby the appellants have been convicted for offence under Sec. 120-B IPC read with Sec. 13(1)(d) and 13(2) of Prevention of Corruption Act, 1988 and sentenced them four years rigorous imprisonment with fine of Rs.40,000.00 each and in default of payment of fine, further one year additional rigorous imprisonment.

(2.) The prosecution case, in brief, is that a secret information was received that custom officials and the bank officials posted at Amausi Airport were indulging in corruption practices and were demanding and accepting the bribe from the passengers coming from abroad. On this information, Sri Jayant Kashmiri, Inspector, CBI, Lucknow on 23/10/2000 constituted a team including the CBI officials and two independent witnesses, Sri Arun Srivastava, Law Officer, Circle Office, Canara Bank and R.C. Srivastava, Manager Overseas Banking, Main Branch, State Bank of India, Lucknow. The team reached to the Amausi Airport at 0040 hours on 23/10/2000. After sometime, Flight No.IAIC 884 reached Amausi Airport, Lucknow from Sharjah. The CBI officials reached inside the Airport and started keeping eye on the custom officials at custom gate and the bank officials working at the foreign exchange counter of the Allahabad Bank. The team members noticed that the custom officials and the bank officials were allowing the passengers to go out of the gate after taking money from them. The team members reached to the custom counters and the bank counters and, on search from Sri U.P. Bhartiya, Superintendent, Air Custom 3205 Dirham and Rs.12,770.00 in cash, from appellant-Sunil Kumar, who was employed as Sepoy, 230 Dirham and Rs.80.00, from appellant-Rajkumar, Sepoy, 2000 Riyal, 175 Dirham and Rs.3,050.00, from appellant-S.S. Pandey, Driver, 15 Dirham and Rs.2,790.00, from Ashutosh Mishra, Manager-cum-In-charge, Allahabad Bank, Custom Counter, Amausi Airport 18390 Dirham, 360 U.S. Dollar and Rs.11,310.00 were recovered. A seizure memo was prepared.

(3.) The appellants and the Manager-cum-In-charge, Allahabad Bank, Custom Counter could not give any explanation for having foreign currency and cash in their possession. The CBI, thereafter, registered a case on 23/10/2000 itself as RC 17(A)/2000/CBI.