UDAL NARAIN Vs. STATE OF U P

JUDGEMENT

(1.) K. D. Shahi, J. Both these revisions have been filed against the order dated 13th May, 1998 passed by Sri S. K. Pandey, Special Judge, Ami Corruption (Central) U. P. Lucknow in Criminal Case No. 39 of 1996 State v. Udai Narain and another dis missing the application of the revisionists for discharge under Section 239, Cr. P. C.

(2.) SINCE both the revision arise out of one order dated 13th May, 1998 in Case No. 39 of 1998 and in both the cases com mon questions of law and facts are in volved, both these cases have been taken together for disposal.

(3.) NOW the case remains against Udai Narain for which brief facts of the case are to be given. A sum of Rs. 21. 23. 050/- was seized from Reshamwala by the Custom Authorities of Jaipur where the matter was pending before Sri K. P. Singh, the then Collector, Customs and Central Excise, Jaipur. Udai Narain was posted as Addi tional Collector, Custom and Central Ex cise at Lucknow during the period of al leged trap. It is said that on 8-11-1993 at 4. 30 p. m. plane of Indian Airlines landed at Lucknow Airport. Earlier an informa tion was received by Sri N. P. Tewari, Dy. S. P. that an illegal deal was to be made between Reshamwala and Udai Narain. N. P. Tiwari made an entry in the G. D. at Sr. No. 10 dated 8-11-1993. The substance of the information 'illegal deal' has not been recorded in the copy of the G. D. However, on this information, that Reshamwala is to land from Flight No. 1c 695 and Udai Narain was to receive him, N. P. Tewari arranged a trap. Udai Narain was there with his Fiat Car and also white Ambas sador Car of the department. Reshamwala came out from the Aircraft. Udain Narain received him in the lobby. They wished each other and Udain Narain said "hello Mr. Aziz Bhai, how are you". On this Aziz replied that he was so but under tension owing to Jaipur matter. Reshamwala was carrying a Briefcase with him. He enquired from Udai Narain where and how to proceed as he had got a return journey ticket booked for 9-11-1993. Reshamwala also said that he wanted to explain every thing to him (Udai Narain ). Udai Narain told that he had brought his personal Car in which he would take him to his place. The two other officials, accompanying Udai Narain, were asked to go in Ambas sador Car. Udai Narain and Reshamwala seated themselves in the back seat of the Fiat Car. Briefcase of Reshamwala carry ing currency notes remained with Resham wala himself. At this stage, N. P. Tewari decided to intercept the Fiat Car. There was rush at the Airport. Therefore, the trap party proceeded a few yards away and stopped the vehicle. Reshamwala produced his visiting-card. The brief-case was with Reshamwaia. He was then asked to open his brief-case and in the brief-case a file and bundle was found. The bundle was of the. currency notes and both the accused persons were taken into custody. The currency notes were signed by the Trap Officer. Reshamwala told that he has taken this money for the purchase of a Car with the help of Udai Narain. Then, on further queries, it revealed that he had brought this amount of rupees two lacs to make payment to Udai Narain as demanded by him for which he was in touch with Udai Narain for last about six months. Udai Narain had allegedly telephoned him about a week's age at his residence to come at Lucknow with the case-papers and rupees two lacs so that the matter of Jaipur case could be settled.