SUKHDEV SINGH JAMWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an appeal filed by the original accused No. 1 challenging his conviction under section 11 of the Prevention of Corruption Act (hereinafter referred to as "the P. C. Act" for short) by which he was convicted and sentenced to suffer imprisonment till rising of Court. A fine of Rs. 25,000/- was directed to be paid by the appellant, in default, to suffer R. I. for one month.

(2.) I have heard Mr. Gavanekar for accused, Mr. Satpute for respondent No. 2 and Mr. Shriganrpure for respondent No. 1.

(3.) THE case against the acused was that he was working as Regional Iron and Steel Controller, Mumbai during the relevant time. He had powers and jurisdiction over State of Maharashtra and, State of Gujrat and Goa and had powers to inspect and call for documents from the Companies consuming Iron and Steel products. Accused No. 1 was to visit M/s. Marathwada Alloy Steel Company Limited (hereinafter referred to as "masco" for short ). He did visit the MASCO during period 26th April, 1983 and 29th April, 1983 for official work of inspection. He stayed at Hotel Aurangabad Ashok along with his wife and children. The booking was done by accused No. 2 Hotel charges were paid by MASCO. Accused No. 2 was the Executive Manager of MASCO. It is further alleged that accused No. 2 arranged booking of five air-tickets to and fro from Mumbai to Aurangabad to enable the accused No. 1 to visit to Aurangabad during the period aforementioned. Therefore, the case against the accused is that being a public servant, he accepted and obtained for himself and for his family members the pecuniary advantage by way of hotel accommodation and air travel to and fro from Mumbai without consideration from MASCO whom he knew and have been concerned in the proceedings in terms of inspecting MASCO's documents being the Regional Iron and Steel Controller in the capacity of public servant.