D K AGARWAL Vs. STATE OF U P

JUDGEMENT

(1.) This Criminal Appeal No. 2239 of 1982 has been preferred by Appellant D.K. Agarwal, against the judgment and order of the IV Additional Sessions Judge, Bijnor (Special Judge), Sri P.C. Joshi, convicting and sentencing the Appellant under Sec. 161, IPC to undergo R.I. for one year and a fine of Rs. 300/ -, in default of payment of fine, he has been ordered to undergo three months' further R.I. and under Sec. 5(2) of the Prevention of Corruption Act one year R.I. and a fine of Rs. 300/ - and in default of payment, three months' R.I. on 7 -9 -1982 in special case No. 11 of 1980.

(2.) The prosecution story, in brief, is that one Gopal used to sit at the Patry of the road in Chandpur town for selling foodgrains in small quantity on every Tuesday and Friday, which were the market days in Chandpur. D.K. Agarwal, the Appellant, was posted as Marketing Inspector in those days at Chandpur and Sri Brijendra Singh was posted there as Senior Marketing Inspector. They used to make frequent demands of money from Gopal in order to allow him to keep his shop at the Patty of the road; otherwise he should be challaned or he will have to take licence for dealing in foodgrains. They wanted him to pay Rs. 50/ - per month. On 9 -4 -1980, Gopal came to Bijnor and moved an application to the District Magistrate, Bijnor, complaining against the conduct of these officers and praying to the District Magistrate to sign the notes which he would give in bribe and also prayed to depute some officer for laying down the trap against the corrupt officers. This application is Ext. Ka. 2A. The District Magistrate sent that application to the Superintendent of Police, Bijnor, asking him to take necessary action immediately. The Superintendent of Police, Bijnor, in his turn, summoned Sri Narayan Dutt Sharma, then posted as Dy. Superintendent of Police and directed Gopal to accompany Sri Sharma. Sri Sharma took Gopal to his office and directed him to bring two witnesses, in whose presence he would sign the notes. Gopal could bring only one witness namely, Ashok Kumar. In presence of this witness, Ashok Kumar, Sri Sharma signed the currency notes worth Rs. 50/ -that is five notes each of ten rupee denomination, given to him by Gopal and a memo of these currency notes was prepared by Sri Sharma. Thereafter, Sri Sharma accompanied by Gopal, Ashok Kumar and two police constables, whom Sri Sharma has taken from police Lines in plain clothes, went by jeep to Chandpur. At Chandpur, Sri Sharma sent Gopal and Ashok Kumar to find out D.K. Agarwal, the Marketing Inspector. D.K. Agarwal, the Appellant, was sitting in his office. Mr. Sharma, Dy. Superintendent of Police waited for him to come out in the market as he wanted to lay the trap in the market. However, the Marketing Inspector did not come to market and the Dy. Superintendent of Police laid the trap in his office at 6.00 p.m. Ashok Kumar, Gopal, police constables and S.I. Yogender Singh of Police Station, Chandpur, accompanied Dy. Superintendent of Police to the office of Marketing Inspector, There, Gopal was sent to D.K. Agarwal to offer the bribe. Sri Sharma and others remained on stairs leading to the office in order to hear and see the incident. Gopal offered the currency notes worth Rs. 50/ - to D.K. Agarwal baying that he was paying the said money so that he may be allowed to keep his shop on the Patry of the road on the market days. D.K. Agarwal, accepted the amount and kept it in his pocket and assured Gopal that he would not be challaned, but he will have to pay more money. It is then, that Sri Sharma accompanied by the witnesses, the constables and Sub Inspector reached the seat of the Appellant and introduced himself to the Appellant and searched him and recovered the currency notes worth Rs. 50/ - and prepared the recovery memo for the same and sealed the currency notes in an envelope, arrested the Appellant and left to the police station Chandpur, where he lodged the F.I.R (Ext. Ka. 6) and handed over the Appellant to the police and also deposited the recovered currency notes there.

(3.) The investigation of the case was taken up by P.S. Rautela, the then Circle Officer Nagina. Sri Rautela after necessary investigation obtained the sanction from the Regional Food Controller, Meerut, to prosecute the Appellant. Sri P.S. Rautela, the then Circle Officer, Nagina, submitted a charge -sheet under Sec. 161, IPC and Sec. 5(2) of the Prevention of Corruption Act against the appellant . The prosecution examined Raja Ram (PW 1). He was the then Regional Food Controller, Meerut, and gave the sanction for prosecution of the Appellant. Sri N.D. Sharma, Dy. Superintendent of Police (PW 2), who laid the trap, Gopal (PW 3), Ashok Kumar (PW 4) and S.I.K.P. Singh (PW 5) and Sri P.S. Rautela, (PW 6) were examined in support of the prosecution case.