EKNATH VISHNU NAIK Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Appellant has been convicted by the Learned Special Judge for the offence punishable under Section 7 of the Prevention of Corruption Act 1988. He was prosecuted for the said offence as well as for the offence punishable under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act. However, at the conclusion of trial, he has been acquitted of the offence punishable under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act (hereinafter referred to as 'the Act'). The Appellant was working as Talathi at village Jamsande. The complainant was a practicing advocate. He had ancestral property including irrigated land belonging to his father and uncle. His uncle had given Power of Attorney in respect of the said land in favour of his father. Since father of the complainant was not keeping good health, the complainant himself was looking after the property of his father and uncle. A part of the agricultural land was converted into non -agricultural land under the orders of the District Collector. It was, therefore, necessary for the complainant to get the necessary changes made in the revenue record of the said land. He, therefore, contacted the Appellant for effecting changes in the revenue records. The Appellant reminded the complainant that a lot of help was extended by the Appellant to the complainant for conversion of land from agricultural land to non -agricultural land and that the Appellant did not get anything for the same. The Appellant, therefore, demanded Rs. 5,000/ - from the complainant for effecting necessary changes in the revenue record. After due deliberation on the issue of payment of Rs. 5,000/ - it was decided that the Appellant would accept Rs. 2,000/ - as a first installment and remaining amount of Rs. 3,000/ - would be paid later on. It is alleged that the Appellant had also spoken to the complainant on telephone intimating him that unless the complainant pays the amount as demanded by the Appellant, necessary changes will not be made in the revenue record. The complainant therefore reported the matter to the Dy. S.P. of the Anti Corruption Bureau. On 11 October 1999 the Dy. S.P. called two panchas. The complaint of the complainant was read over to the said two panchas. An amount of Rs. 2,000/ - given by the complainant was smeared with anthracene powder for laying a trap to apprehend the Appellant. After smearing the currency notes with anthracene powder, they were wrapped in a white paper and the notes were kept in a shirt pocket of the complainant by Head Constable Mr. Gavas. A panch witness Mr. Rasal was asked to act as a shadow witness and was directed to be in company of the complainant till the trap succeeds. Another panch by the name Mr. Redkar was directed to remain with the raiding party.

(2.) AFTER completing preparation for trap, the raiding party proceeded to Devgad by a jeep. They reached in front of the office of the Appellant at about 12.30 p.m. The office was found locked. The complainant had informed the Dy. S.P. Mr. Domane that the Appellant had asked him to visit his house and therefore, they decided to visit the house of the Appellant at Devgad which is about 3 km from Jamsande. The complainant and panch witness Mr. Rasal sat in the office of the complainant. The raiding party officers and second panch sat in the eastern side room which was separate from the office of the complainant. The Appellant reached there at about 1 O'Clock and handed over 7/12 extracts and copies of mutations to the complainant and thereafter he enquired from the complainant as to what about his 'work'. The complainant gave him tainted currency notes worth Rs. 2,000/ -. The said amount was accepted by the Appellant. He put the same in his shirt pocket. The complainant came out of his house on the pretext of bringing tea for the Appellant and gave signal to the raiding party. The raiding party reached the room where the Appellant had accepted the money from the complainant. The amount of Rs. 2,000/ - was recovered from his pocket. It was examined under ultra violet rays. There was blue glittering when the notes were examined under ultra violet rays. The currency notes, the description and serial number of which were recorded in the pre -trap panchanama, were the same currency notes. The hands of the complainant were examined under ultra violet rays and it was found that there was blue glittering under the rays. The currency notes recovered from the Appellant and his shirt pocket were also glittered when they were put under ultra violet rays. Post trap panchanama was drawn after the raid was successful. Statements of witnesses were recorded. Sanction was obtained from the competent authority and the Appellant was prosecuted for the offences punishable under Sections 7 and 13(2) read with 13(1)(d) of the Act.

(3.) THE prosecution had examined the Sub -Divisional Officer of Kankavli as sanctioning authority. The complainant was examined as P.W. 2, Dy. S.P. was examined as P.W. 3. The panch witness Mr. Rasal was examined as P.W. 4.