NANJI RANCHODDAS TAWADIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant is the original accused. At the relevant time he was a Senior Clerk in the office of the Deputy Chief Officer (Transit Camp), Bombay Housing and Area Development Board at Sion Koliwadi, Bombay. He was thus a public servant within the meaning of section 21 of the Indian Penal Code. At the trial, he was charged for offences punishable under section 161 of the Indian Penal Code and under section 5 (1) (d) read with section 5 (2) of the Prevention of Corruption Act for having, on or about the 6th of August, 1984, demanded a sum of Rs. 1,000/- as a gratification other than legal remuneration as a motive for rendering services to the complainant - P. W. 1 Gauri Shankar Ojha for exercising his influence with the officials of the B. H. and A. D. Board for allotment of a tenement in Transit Camp to the complainant, who was a displaced person on account of his original tenement having been acquired by the Board for demolition and reconstruction and for having, on the 8th of August, 1984, obtained the aforesaid amount of Rs. 1,000/- for the aforesaid purpose.

(2.) AS already stated, P. W. 1 Gaurishankar Ojha is the complainant in the instant case. His complaint, which is lodged with the Anti Corruption Bureau, is at Exhibit-13. The complaint was recorded by P. W. 6 Ramchandra Panaskar, a Police Inspector, attached to A. C. B. He is also, the Investigating Officer. P. W. 2 Chandrakant Dumbre is the panch witness who had accompanied the complainant at the time of the raid. The pre-trap panchanama is at Exhibit-18 and the post trap panchanama is at Exhibit-19. P. W. 3 Suryakant Daki (Dalvi) is alleged to have met the accused at the time of the raid. He met him with a request similar to the request of the complainant. Suryakant also wanted to be allotted accommodation. According to the prosecution, the accused had made a similar demand from Suryakant also at the time of the raid. As per the post-trap panchanama accused was found in possession of an application form of Suryakant. P. W. 4- Manohar Thorat is a despatch clerk in the allotment section, in the office of the Deputy Chief Officer (Transit Camp), B. H. and A. D. Board at Sion Koliwada. Estate Manager Shri Kamdar had addressed a note (Exhibit 16) to him to asking him fill-in the form of complainant, complete all the formalities and if all documents were found to be in order, the same should be kept in a pad for the signature of the Deputy Chief Officer, Transit Camp, for allotting a tenement to the complainant. P. W. 5 Madhukar Kamble was the Deputy Chief Officer, Transit Camp. He was asked by the Estate Manager Shri Kamdar to allot a tenement to the complainant, P. W. 6 Ramchandra Panaskar was a Police Inspector attached to the Anti Corruption Bureau. He received the complaint, arranged for a trap and investigated the case. He, thereafter, filed a charge-sheet against the accused. P. W. 7 Shobhana Hingorani is the Office Superintendent in the office of the Vice Chairman of B. H. and A. D. Board at Bandra. She has proved the sanction (Exhibit 35), accorded by the Vice Chairman. This is the evidence led on behalf of the prosecution.

(3.) THE complainant used to be residing in a building known as Daya Chamber. The case of the prosecution is that, in August, 1980 the complainant received an eviction notice from the Board since his building was in dilapidated condition. The complainant received a similar notice, to vacate, from his landlord. The complainant accordingly vacated his premises and started residing in premises standing in the name of his deceased grand-father. On 20th of September, 1983 the complainant submitted an application to the B. H. and A. D. Board with a request to allot him a room in a Transit Camp. His application was numbered as 764 and he was wait-listed at Sr. No. 395.