VIJAY KUMAR PALLIWAL Vs. STATE OF M P

JUDGEMENT

(1.) This judgment shall govern the disposal of both the above appeals which have been filed by the appellants against the judgment dated 23th December 2002. passed by Special Judge (Prevention of Corrup lion Act/First Additional Sessions Judge), Seoni, in Special Criminal Case No.3/1998, convicting and sentencing the appellants as mentioned hereunder:

(2.) In short, the prosecution case is that a bushaving number MKK 8546 was registered in the name of Smt. Sita mange. Her fatherinlaw Harvanshlal used to take care of the said bus. The bus was booked by a marriage party for carrying Barat from Balaghat to Mandia Gulshan Bedi (PW4); a transport agent, applied to RTO for grant of temporary permit for that purpose. He deposited Rs. 50/ along with application for grant of permit on 5.3.1993 in RTO Office, Seoni. It is said that on 15.3.1993, he deposited further Rs. 350/ for grant of temporary permit and on the same day ne obtained the said pennit and sent the same by the nands of Dilip Shastri (DW1) to Balaghat.

(3.) Since marriage party made hurry, the vehicle was dispatched from Balaghat without permit with driver Ayub Ali (PW1) and. helper Arvind (PW2). On 15.3.1993, near Mandla, the then Transport Inspector Mr. R. S.Tiwari (PW7) alongwith Assistant Security Officer B.B.L. Shrivastava (PW8) and R.S. Pandey (PW5) checked the bus and on finding the bus being plied without permit, seized the same at about 5.00 p.m. vide seizure memo (Ex.P/12). R.S. Tiwari (PW7), finding the contravention of the provisions of Taxation Act, according to law, sent the chargesheet (Ex .P16) to RTO, Jabalpur for recovery of penalty and tax Rs.45.000.