SADASHIV KRISHNA NINGNURE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has been convicted by Special Judge, Satara for the offences punishable under Sections 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988. Complainant Aashish Sharad Sheth alias Mahadwale (hereinafter referred to as "Aashish or P.W. 1") was resident of Shaniwar Peth, Satara. He was in the business of selling and repairing of weights and measures. He had a valid licence for the same. Mahadwales had two shops viz. 'Mahadwale Brothers' and 'Sheth Brothers'. Weights and Measures repaired by the complainant and his brothers were required to be certified by Weights and Measures Department. Accused Sadashiv Krishna Ningnure was working as Inspector in Weights and Measures Department. Some of the weights and measures of heavy nature were required to be inspected by the Inspector on the spot of customers of the complainant.

(2.) The complainant had visited the office of the appellant on 20th February, 2001 and had requested him to inspect the weights and measures of Kirloskar Copland Limited. The appellant had allegedly demanded Rs. Ten Thousand by way of gratification. P.W. 1 ultimately agreed to pay Rs. Ten Thousand in two installments. He agreed to pay Rs. Five Thousand on the next day and remaining amount was agreed to be paid at a later stage. The appellant agreed for the same. Since P.W. 1 did not want to pay bribe amount he lodged complaint with Anti Corruption Bureau (hereinafter referred to as "ACB" for brevity). Report of P.W. 1 is at Exh.26.

(3.) After recording of the complaint, P.W. 1 was directed to visit the office of ACB on next day. P.W. 1 was also directed to bring Rs. Five Thousand cash with him when he visits the office of ACB. P.W. 1, accordingly, visited the office of ACB, Satara and carried Rs. Five Thousand with him. Panch witnesses were also called and all necessary formalities of pre-trap panchnama were completed. Officers of ACB gave a demonstration to P.W. 1 as to how anthracene powder glitters under the ultra violet rays. The currency notes brought by P.W. 1 were smeared with anthracene powder. The said amount of Rs. Five Thousand was kept in left side pant pocket of P.W. 1 by one constable. P.W. 1 was directed not to touch the left side pocket and to pay the amount only on demand made by the appellant. Usual preparation for trap was done. Accordingly, one of the witnesses was directed to accompany P.W. 1 and another witness was directed to be with the Raiding Party. P.W. 1 was also directed to give signal to the Raiding Party as soon as the bribe amount was accepted by the appellant.