JAGDISH CHANDRA MAKHIJA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant, a Senior Geohydrologist (Executive Engineer) in Ground Water Survey Department of State of M. P. , posted at Khandwa, was convicted under section 5 (2) read with section 5 (1) (d) of the Prevention of Corruption Act (hereinater called 'the Act') and under section 161, Indian Penal Code and was sentenced to R. I. for two yean; and a fine of Rs. 1,000/-, in default R. I. for six months, under each, for accepting illegal gratifiction of Rs. 200/- from Ashok Kumar Sharma (PW. 1), a Surveyor, in subdivision of the same department at Dhar.

(2.) ON 1-3-1981, Ashok Kumar submitted a written report (Ex. P. 1) to Superintendent of Police, Divisional Office of the Vigilance Board, Indore, to the effect that the appellant demanded bribe of Rs. 200/- for early payment of his bills. He directed Inspector Govind Rao Bhanwar (PW. 9) to take immediate action on the report according to law. The Inspector, along with the complainant, Dy. S. P. Nanawati (PW. 6) and other police personnel proceeded to Khandwa on 2-3-1981. On his application (Ex. P. 3), Dy. Collector Shri Krishna Chopre (PW. 10) joined to witness the trap. He also summoned Vishwas Khirwarkar (PW. 5) as a Panch. They all assembled in the waiting room at the railway station. After he had explained how the trap was to be laid, Ashok Sharma produced four currency notes of the denominations of Rs. 50/ -. Phenolphthalein powder was applied to the notes (Articles G. 1 to G. 4) and were placed in the pocket of Ashok Sharma. They were instructed to overhear the conversation between the appellant and Ashok according to the situation. All these were recorded in preliminary panchnama (Ex. P. 2 ).

(3.) ASHOK Sharma and Vishwas went together on foot, while the rest on a jeep to the appellant's office in Ghaspura. Ashok Sharma and Vishwas went inside the office while the other members of the trap party, took their positions nearabout. On receipt of signal, the members of the trap party rushed to the appellant's room. After disclosing their identity, they caught the appellant's hands and washed his fingers and hands in the solution of sodium carbonate which became pink. The solutions were preserved in bottles (Article D) and (Article E ). On enquiry by Inspector Bhanwar about the currency notes of bribe, and the appellant's reply that they were in his pocket of the bushshirt, Dy. Collector Chopre took them out, and after the numbers tallied, those notes were seized and kept in sealed cover. The pocket of the bushshirt was dipped in the sodium carbonate solution which turned pink. This solution was preserved in bottle (Article F ). The details of the raid were written in Panchnama (Ex. P. 3 ). The appellant signed the same in token of receiving its copy.