KRISHNA GOPAL GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) THIS applica ­tion has been filed by Krishna Gopal Gupta with a prayer that he may be released on bail in case crime No. 250 of 2007 under sec ­tion 7/13(1)(d) read with section 13(2) of Prevention of Corruption Act, 1988.

(2.) THE facts of the case in brief are that the F.I.R. of this case has been lodged by Sri K.P. Singh, Inspector U.P. Vigilance Sector Agra on 4.7.2007 at 12.15 p.m. in respect of the incident which had occurred on 4.7.2007 at about 8.15 p.m. It is alleged that on 27.6.2007 one Sanjay Kumar moved an application before the Superintendent of Police Vigilance Sector, Agra alleging therein that he had applied for drug licence for medicines M/s. M.C. Medical Store. He also submitted requisite documents alongwith the statement and deposit of the licence fee also. He handed over all the documents to the applicant on 1.6.2007 who inspected his shop and demanded Rs. 20,000/ - as bribe. Ultimately, the amount of bribe was settled to the tune of Rs. 10,000/ - on 27.6.2007. Sanjay Kumar again met with the applicant who insisted for Rs. 10,000/ -and told him that if he fails to pay, the li ­cence wound not be issued. A date 4.7.2007 for handing over the aforesaid amount was fixed. The S.P. vigilance Agra directed the first informant for preliminary inquiry after that permission was sought from the Gov ­ernment of U.P. for laying the trap. There ­after, the trap party was constituted, which was headed by the first informant. After completing the pre trap formalities on 4.7.2007 the applicant was trapped at the residence at 8.15 a.m. he was apprehended and Rs. 10,000/ - was recovered from the possession of the applicant in .the presence of the witnesses, who were provided by the District Magistrate, Agra. Thereafter the present case was registered. The applicant applied for bail before the learned Sessions Judge/Incharge Special Judge (Anti Cor ­ruption) Meerut, who rejected the same on 1.7.2007. Being aggrieved from the order dated 17.7.2007, the present application has been filed by the applicant before this Court.

(3.) IT is contended by the learned Counsel for the applicant that the applicant is an gazetted officer of the Government of U.P., on the day of the alleged incident he was inspector of drugs, Agra where he was posted since March, 2005. The service rec ­ord of the applicant is above board. He never committed any irregularity in dis ­charge of his official duties. Since he was continuing complaining about the illegal business of drugs in district Agra, particu ­larly sale of the drugs and medicines per ­taining to the Government hospital by the drugs mafia on account of having excellent service career, the applicant was posted there, to control the same. The C.M.O. Agra sent letter dated 2.9.2005, to the applicant having some instruction to take all possible steps against such licence holder of drug/medicines, which have been involved in irregular, illegal business on 29.5.2007, there was a raid at the premises of one Laxmi Chand where huge quantity of drugs having the Government supply was recovered, its storage was absolutely illegal. Laxmi Chand was the owner of Sonu Medical Agency. The said firm was possessing the whole sale licence No. 223/20B/99/and 223/21B/99. The appli ­cant made a recommendation for cancel ­ling the said licence and have lodged the F.I.R. against Laxmi Chand. The firm known as Kaleshwari Medical Store run by Manoj Goel, was also inspected by the raiding party where huge quantity spuri ­ous Drugs/medicines belonging to he Gov ­ernment Supply of Delhi and U.P., the ex ­pired medicines and injection were recov ­ered, consequently, Manish Goel was ar ­rested and a case was registered against him, his case crime Nos. 106 of 2007 and 107 of 2007 P.S. Kotwali district Agra. The applicant and other Drugs Inspector Jagbir wrote a letter dated 1.6.2007 to the Addi ­tional Director, Medical Health and Family Welfare Agra to provide protection that they were having apprehension to their life. In fact, regular illegal drugs/medicines transaction is being manage by the organ ­ized gang in connivance of some officials of the department of drugs for a long time, suspicion was raised against one Shiv Kant Dixit, a lower division clerk in the C.M.O. Office Agra for the last 20 years. After en ­quiry the order for deputing senior person of the department, not below the rank of senior Assistant for discharging his duty as a Drugs Clerk, was passed, even then Shivkant Dixit did not left the work of Drug Clerk Agra by manipulating and managing the affairs and in spite of per ­suasions by one D.C. Upadhyay who was posted as Senior Division Clerk he had not been assigned the duty of the Drugs Clerk in utter violation of the guidelines fixed by the department. Shivkant Dixit was con ­tinuously discharging his dunes as Drug Clerk. In that post also one K.R. Raman, has taken extensive steps in discouraging the illegal activities of the Drugs Mafia, was also trapped through vigilance de ­partment in which an F.I.R. with the allegation of accepting bribe, was lodged against him. In furtherance of the trap raid conspiracy, the proceedings of the trap has been laid down and the applicant has been involved falsely whereas he was not ac ­cepting the amount of bribe.