SAYYED MOHAMAD KASSAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Criminal Revision Application is filed challenging the order dtd. 27/1/2016 passed by Additional Sessions Judge, Greater Bombay rejecting the application at Exhibit-14 filed by Applicant seeking discharge in Special Case ACB No.12 of 2014.

(2.) Prosecution story is that - Complainant Maqsood Jainuddin Mullah was conducting tour and travel business at Malad, Mumbai alongwith his friend Shri. Francis John Koriya. That Complainant and his friend had decided to purchase two new vehicles i.e. bus and taxi and had approached the Regional Transport Authority (RTA) on 18/10/2011 for allotment of Special Registration Number. At that time Shri Shailesh Meshram, Deputy Regional Transport Officer had informed the Complainant that he will have to shell out additional amount towards bribe in addition to Government fees. That illicit transactions of Shri Shailesh Meshram were being handled by the Applicant as intermediatory. Complainant accordingly registered Complaint on 20/10/2011. It is alleged that for verifying the complaint, two Government punch witnesses were sent alongwith complainant with digital voice recorder on 20/10/2011, in which demand of Rs.2,000.00 towards bribe for allotment of special number to be paid through Applicant was recorded. Accordingly, FIR was registered being Crime No.42 of 2011 under Sec. 7 and 8 of the Prevention of Corruption Act, 1888 (PC Act) and Sec. 34 of the Indian Penal Code, 1860 (IPC).

(3.) It is prosecution case that on 3/11/2011, a trap was arranged in which Applicant was caught red- handed accepting bribe amount of Rs.2,000.00. The currency notes were smeared with phenolphthalein powder and the presence of the powder was observed in the ultraviolet light on the body of the Applicant. Applicant was accordingly arrested. So far as Shri Shailesh Meshram is concerned, he filed application for anticipatory bail which came to be granted by this Court and accordingly he was not arrested. Applicant was kept in custody till 5/11/2011 and was released on bail. After completion of investigations, charge-sheet was filed in Special Case ACB No.12 of 2014 against Shri Shailesh Meshram (Accused No. 2) and Applicant (Accused No. 2).