M VEERAIAH CHOWDARY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition on important question of law viz., whether it is competent for the State Government to withdraw or rescind a notification issued by it according permission under Section 19 of the Prevention of Corruption Act, 1988 (for short 'the Act').

(2.) The relevant facts may be briefly stated as under :- The petitioner is a partner in M/s. Teja Wines, a firm registered with the Registrar of Firms, having its object to do business in Indian Made Foreign Liquor. Its place of business is Ongole in Prakasam district. The firm was issued license by the competent authority under A.P. Excise Act on 31-3-1998.

(3.) The 5th respondent was working as Sub-Inspector of Police, Ongole Taluq Police Station in August, 1998. It is the case of the petitioner that the 5th respondent has been constantly demanding bribe from the petitioner and used to destroy the bottles in the shops whenever his demands were not complied with. The petitioner states that he has been running three wine shops within the jurisdiction of the Ongole Taluq Police Station. It is stated that during the 2nd week of August, 1998, the 5th respondent had directed one of the workers of the petitioner to inform the petitioner to meet him. The petitioner met the 5th respondent on 17-8-1998 and it is alleged that the 5th respondent demanded Rs. 10,000/- for not booking any cases in respect of the wine shops owned by the petitioner. It is further alleged that the 5th respondent had warned the petitioner of dire consequences in case the amount is not paid. It was in this context that the petitioner claims to have complained the matter to the 3rd respondent, viz., the Director General of Anti Corruption Bureau (ACB). A trap was arranged by the ACB. On 28-8-1998, the petitioner went to the residence of the 5th respondent at 9.30 a.m. and handed over the amount of Rs. 10,000/- to him. The 5th respondent received the same. In the meanwhile, the ACB officials rushed in. When the hands of the 5th respondent were washed with the SC solution, the solution turned out to be pink. The trap, therefore, proved successful.