DULAL CHANDRA PANDEY Vs. CBI

JUDGEMENT

(1.) Prosecution's case in connection with this appeal appears to be like this:

(2.) The defecto complainant, who at the relevant point of time was posted as the Commandant, 63 Battalion, of the Border Security Force, at Baishnab Nagar, in district Malda, had received a phone call from the appellant No.1 on October 29, 2001. Said person had introduced himself and wanted to meet the defacto complainant at BSF post, Gulabganj on October 30, 2001, in the afternoon.

(3.) When the meeting happened on October 30, 2001, at the said place, the appellant proposed for advancing gratification in lieu of extending favours in a particular way, which according to the de facto complainant was not only unethical but illegal and antinational too. Allegedly, the appellant offered him bribe of an amount of Rs.1,25,000.00on behalf of the syndicate of smugglers, in lieu of allowing the appellant to send Indian goods and cattle to Bangladesh, through the Indo Bangladesh border, illegally. Allegedly the appellant also proposed that the de facto complainant should instruct his subordinates, that is, the officials guarding the BSF outposts at Indo Bangladesh border near Sisani Border Out Post, to illegally allow him free passage on Indian soil, to execute the said activities. Though the de facto complainant had refused such proposal of the appellant, allegedly the appellant strongly insisted the de facto complainant and informed to come to the residence of the de facto complainant at BSF campus Baishnab Nagar, at about 08 hours on November 3, 2001, to pay him the bribe.