MANGUESH JAIWANT SINAI SINGBAL Vs. STATE

JUDGEMENT

(1.) The appellant Manguesh Jaiwant Sinai Singbal has been convicted by the Special Judge at Panaji, Shri Tito de Menezes, under Section 161 of the Indian Penal Code and Section 5(2) of the Prevention of Corruption Act, 1947. The sentence imposed on him on both the counts is rigorous imprisonment for two years and a fine of Rs. 500/-, or, in default, further rigorous imprisonment for three months. In this appeal Singbal challenges the correctness of his conviction and sentence on facts as well as on the strength of certain legal objections.

(2.) The accused Singbal is holding the substantive post of Sanitary Inspector with the Panaji Municipality, but he has been working as Sanitary Inspector in the Health Office at Panaji for the last 14 years. The facts of the prosecution-story are that on 20th of February 1965 the accused happened to visit the shop of Andre Francisco Nazareth, P.W. 1, where the latter runs a liquor bar, at about 12.30 p.m. The accused told Nazareth that he had received complaints that Nazareth was supplying food in his bar without having a licence for the same. Nazareth denied the charge. Thereupon the accused asked Nazareth to show him his licence and Nazareth abided. The accused then collected the names of the parents of Nazareth and thereafter prepared some writing. That done, the accused directed Nazareth to see him in the office on Monday, that is to say, on 22nd February 1965. The accused told Nazareth that he would be fined Rs. 180/- since he was supplying food at the liquor bar. Some rice and curry were lying at a table close to the place meant for washing tumblers. According to Nazareth, the rice and curry were meant as food for one Antonio. The rice, it is said, was placed in a covered utensil and the curry was contained in a flask. The accused summoned his driver inside the shop and showed the rice and curry to him. In addition, the accused asked his driver to take note of the fact that a stove and a grinding stone were lying inside the shop. The stove, Nazareth says, was being used for preparing eggs and the stone was meant for grinding pepper, the two articles, egg preparation and pepper, being used for making snacks. The writing made by the accused in the shop was carried by him along-with but without obtaining the signatures thereon of any witnesses.

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