YASHWANT NANUBHAI PINGLE Vs. STATE OF MAHARASHTRA CBI

JUDGEMENT

(1.) HEARD Mr. Nalawade, Advocate for the appellant, Mr. Mehta, Advocate for C. B. I. and A. P. P. for the State. This is an appeal by the accused, who was Customs Officer, against his conviction by Special Judge (R. S. Dalvi) under section 5 (1) (d) punishable under section 5 (2) of the Prevention of Corruption Act by which he was sentenced to suffer R. I. for one year on each counts. The prosecution case in brief was that the present accused, who was the Customs Officer, had demanded Rs. 600/- as illegal gratification from one Ramdev Prasad, who was working at Gate Way of India as a photographer, for allowing him and his five colleagues to carry on their business of photography at Gate Way of India and for giving them licence in that regard.

(2.) AS per the prosecution case, this demand was made from Ramdev Prasad by the present accused as well as the acquitted accused Mohammed Noor Khan, and Ramdev Prasad filed a complaint against both of them on 16-1-1986. Accordingly, trap was arranged and carried out on 20-1-1986 in presence of panchas and amount of Rs. 600/- was recovered from the present accused.

(3.) AFTER investigation and obtaining sanction, a charge-sheet was filed against the present accused and acquitted accused under the provisions of Prevention of Corruption Act and under section 120-B of the Indian Penal Code. However, these accused were acquitted of the offences under section 120-B of the Indian Penal Code, but convicted under the Prevention of Corruption Act.