STATE OF MAHARASHTRA Vs. RAMCHANDRA VASUDEO DESHPANDE

JUDGEMENT

(1.) THIS is an appeal by the State against the order of acquittal passed by the learned Special Judge, Jalgaon, in a case where the three accused were acquitted of the offence punishable under Sections 120B, 161 and 162, Indian Penal Code as well as of the offence punishable under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act. Accused No. 1 was a Junior Inspector of Industries working in Amalner Division with his head -quarters at Amalner. His duty was to execute the provisions of the Bombay Weights and Measures (Enforcement) Act, 1958 with the help of the manual assistant, who is accused No. 2, and the peon, who is accused No. 3. The manual assistant is appointed to assist the Inspector so that he can facilitate handling of the standards in weights and measures and to help the Inspector in attesting and stamping the weights and measures. Under the scheme of the Act the traders have to get certified as well as stamped their scales, weights and measures every two years. The licensed repairers are paid by the traders for repairing their scales, weights and measures and they also pay the Government fees to the licensed repairers for certification by the Inspector. Complainant Kazi in this case was a licensed repairer and it was his duty to prepare a bill in triplicate showing the repairing charges, the Government fees and the description of the articles repaired by him. After the repairs he had to give a copy to the trader concerned and present another to the Inspector at the time when the repaired articles are presented before him for certification. The other is retained by the repairer in his book of the bills. The Inspector has to check the bill and see whether the bill is correct and then receive the Government fees and issue certificate accordingly.

(2.) COMPLAINANT Kazi had been a licensed repairer from 1953 to 1969. His complaint is that whenever he was going for a certificate and for stamping the weights and measures and scales of the traders after the repairs to the three accused, each of them, was demanding a bribe from him on the basis of the percentage of the Government fees and they called this percentage as their commission. The Inspector was demanding 40 per cent, of the Government fees, the manual assistant was demanding 25 per cent, and the peon 10 per cent. Accused No. 1 was taking as motive or reward for not rejecting the weights, scales and measures; accused No. 2 was doing so for not pointing out mistakes to accused No. 1 and accused No. 3 was doing so for not doing anti -propaganda amongst the traders against the quality of the repairs by the complainant.

(3.) AFTER making the necessary panchanamas for the trap on April 21, 1969 and after arranging to get two panch witnesses from the office of the Zilla Parishad at Jalgaon the P.S.I., accompanied by a constable and two panchas, went to Amalner Dak Bungalow, where he met complainant Kazi. The P.S.I, took Kazi to the Judicial Magistrate, First Class, Amalner, to get a sanction for investigating this offence on the ground that the Deputy Superintendent of Police was otherwise busy. After getting the necessary permission from the Magistrate to investigate, the P.S.I. Palve started drawing the panchnama in the presence of the panchas of what all he had narrated to them. Kazi narrated his complaint to the panchas and also produced Rs. 78.50P.+58.85P. =Rs. 137.35P. before the panchas. The usual routine was followed and the notes were smeared with anthracene powder. Panch witness Tayade was asked to accompany the complainant to the office of the accused and the complainant was told that he should give the money only when the bribe was demanded from him. The raiding party after the usual formalities started from Amalner for Shirsale and stopped their car outside Shirsale village. The car was then sent a mile backwards. The complainant and panch Tayade then walked down to the office of the accused at their Camp which was in a. house. The complainant had also arranged to fix his workshop next to the Camp only for the purpose of convenience during the Camp of the accused. The P.S.I. and his party were waiting outside watching what was happening.