PHOOL CHAND Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE learned Judge, 1st Special Court, howrah by judgment and order dated 04-02-2003 passed in Special Case no. 6 of 2000 convicted the appellant under section 7 and 13 (1) (d) read with section 13 (2) of the Prevention of Corruption Act 1988 and sentenced him to suffer rigorous imprisonment for six months with fine of Rs. 2000/- with default stipulation under section 7 of the Act and sentenced to suffer rigorous imprisonment for one year with fine of rs. 3,000/- with default stipulation under section 13 (1) (d) read with section 13 (2) of the said Act 1988 with the observation that both the sentences would run concurrently and the detention already undergone be set off under section 428 of the Cr. PC.

(2.) THE defacto-complainant Mohammad Suleman was a forwarding agent and his business was to book perishable goods with the railways for consignment to different destinations. The appellant was a senior despatch clerk of Howrah Parcel Shed No. 3 who used to demand bribe of Rs. 10/- per bag over and above the freight charge. The appellant told the complainant on 03-06-1999 when the said complainant came with 10 bags of green vegetables for despatch that henceforth in future he would take Rs. 10/- per bag and/or else no consignment would be booked. The complainant lodged a complaint to that effect with the CBI on 3-6-1999. CBI on 04-06-1999 at 7. 25 a. m. prepared a pre-trap memorandum explaining the manner of laying of post-trap memorandum. Complainant offered two 100 rupee denomination notes to the CBI which applied phenopthelene powder on the same. One of the witnesses was asked to count the notes and his both hands were washed in sodium carbonate water solution when the colour of the solution turned pink. Accordingly, it was settled that the complainant would approach the appellant with tainted two 100 rupee denomination notes and in this way the appellant would be trapped. On the next day i. e. 04-06-1999 at 09-30 a. m. the complainant along with one witness came to the accused for booking 20 bags of green vegetables from Howrah to Nagpur. Appellant demanded bribe of Rs. 10/- per bag and the complainant agreed. Appellant asked him to come to stall No. 28 and after taking snacks from the said stall the appellant asked for payment and when the complainant handed over the two tainted notes of 100-rupee denomination CBI Officers encircled the appellant who then dropped the notes on the floor. The notes were collected, appellant was arrested and was taken to Station Manager's office and his hands were washed in a solution of sodium carbonate and water which turned pink. Post-trap memorandum was recorded with seizure of the two notes and the solution containing sodium carbonate and water solution. After investigation charge sheet was submitted under the aforesaid sections of the law.

(3.) THE defence case was one of false implication.