ASHANAND RAMJI FULEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned Counsel appearing on behalf of the Appellant and the learned Counsel appearing on behalf of the CBI.

(2.) The Appellant is challenging the judgment and order passed by the 1st Additional Principal Judge and Special Judge (CBI) dated 28.1.2009. By the said order, the Special Judge was pleased to convict the accused for the offence punishable under Section 7 of the Prevention and Corruption Act, 1988 and sentenced to suffer R.I. for 2 years and to pay fine of Rs. 20,000/-, in default, to suffer R.I. for six months. He was also convicted for committing offence for the offence punishable under Section 13(2) r/w. 13 (1) of the Prevention of Corruption Act, 1988 and sentenced to suffer R.I. for 3 years and to pay fine of Rs. 25,000/- and, in default, to suffer R.I. for 7 months. Both the sentences were directed to run concurrently.

(3.) The prosecution case is that the Appellant was working as Divisional Engineer at Sion in MTNL. A complaint was filed by one Vinaykumar Tiwari, Authorised Signatory of M/s. Alex Joe and M/s. Narendra Enterprises. Both these firms were dealing in cable contracts of Mahanagar Telephone Nigam (MTNL). According to the said companies, they were receiving contracts from North Zone i.e. Sion area of Mumbai where the accused was working as Divisional Engineer. The case of the complainant is that two bills of cable laying works worth of Rs. 1,25,114/- and four bills pertaining to work done by M/s. Alex Joe were pending on the table of accused for approval. The prosecution case is that the Appellant-accused demanded Rs. 10,000/- per bill for clearance. A complaint, therefore, was lodged with Anti Corruption Bureau. The relevant procedure was completed and trap was laid and upon payment of the said amount, the complainant gave a signal to the raiding party, who immediately rushed to the spot and arrested the Appellant-accused. During the trap panchnama conducted by the prosecution, phenolphthalein powder was found on the hands of the accused and on the basis of the evidence on record, the Appellant-accused was convicted by the Special Judge.