THE STATE OF MAHARASHTRA Vs. POPAT BHIVAJI KATARE

JUDGEMENT

(1.) This is an appeal impugning an order and judgment dtd. 29/9/2006 passed by the Special Judge at Malegaon acquitting respondent-accused for offences punishable under Ss. 7 (Public servant taking gratification other than legal remuneration in respect of an official act), 13(1)(d) read with sec. 13(2) of Prevention of Corruption Act 1988 (PC Act).

(2.) Heard learned APP Mrs.Malhotra and with the assistance of the learned APP, went through the record & proceeding and impugned judgment. Since I was not satisfied with the merits of the matter, I did not even call upon Mr.Warunjikar to argue.

(3.) Complainant Premchand Vasantrao More PW-2 was running a grocery shop and also selling kerosene at village Kukane, Taluka Malegaon. The kerosene license was in the name of his father. Complainant used to get kerosene quota of 600 liters per month and that was supplied to complainant by one Kalantri who was a main dealer in Malegaon. In the month of March-2001 complainant PW-2 went to Kalantri to get his kerosene quota. At that time Manager of Kalantri disclosed to him that he has to verify his stock register by the Tahsildar and get the signature and seal of the Tahsildar, failing which no fresh supply will be given. Therefore, in April-2001 PW-2 went to accused and requested him to check his stock register.