SUDHIR ARJUN KEER Vs. CBI ACB, MUMBAI

JUDGEMENT

(1.) Heard. The Appellant herein is convicted vide judgment and order dated 14.12.2011 passed by the Special Judge for CBI for Greater Mumbai in CBI Spl. Case No. 51 of 2004 for the offences punishable under Section 7 & 13 (1) (d) r/w. 13(2) of the Prevention of Corruption Act, 1988 and sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs.2,500/-, in default, to suffer S.I. for two months.

(2.) It is the case of the prosecution that on 3rd June, 2003, one Mr. Abdul Pasha approached the office of the Anti Corruption Bureau and reported that the Appellant herein had demanded a bribe of Rs.10,000/- for disbursing an amount of reward (informer reward) sanctioned to him by the department of Customs. The Trap Link Officer Rahul Pathak had reduced the report into writing. Two public servants were called upon to act as panchas. It was decided to lay a trap on 4th June, 2003. On 4.6.2003, at about 3.30 p.m., the Original Complainant was sent to the office of the Appellant along with a concealed micro cassette recorder, for verification of demand of Rs.10,000/- and at about 4.15 p.m., when the Original Complainant returned from the Appellant's office, the micro tape was heard by the team.

(3.) Upon hearing the micro tape, it had transpired that the Complainant had met PW5 Y.D. Banga. He had questioned about the amount he was to receive towards reward. Thereafter, he approached the Appellant but did not discuss about the reward. The demand of bribe was confirmed. There is no verification panchnama drawn by the TLIO. He had instructed the Complainant to pay Rs.10,000/- as a bribe. At about 5.00 p.m., the Original Complainant had been to the office of the Appellant along with the micro cassette recorder and at 5.30 p.m., he had given predetermined signal to the raiding party. The raiding party found the Appellant and PW12 Mr. Mudliar in the cashier's cabin.