SUBRATA KUMAR HAZRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is against the judgement of the learned Court of Special Judge, 1st Court, Raiganj, Uttar Dinajpur dated 20th day of January, 2014, in T.R. Case No. 03 of 2003 convicting and sentencing the appellant for one month and to pay Rs. 5,000/-, in default of payment of fine to suffer simple imprisonment for two weeks, under Section 7 of the Prevention of Corruption Act, 1988 (hereinafter referred to as the said Act).

(2.) The prosecution case in brief as follows: -

(3.) On 30th November, 2000, the Sub-divisional officer posted at Islampur, the complainant in this case, went for a surprise visit around 1 AM at commercial check post, Purnia More, Dalkhola. At commercial check post, he caught the accused, a patrol man under the commercial tax commissionarate when the accused was collecting bribes of Rs. 10/- per vehicle to sign the papers and the appellant failed to give neither any valid receipt nor any proper explanation for such act. The complainant seized Rs. 767/- from his drawer and thereafter, lodged an F.I.R. and a written complaint on 3rd December, 2000 and the matter was also reported to the District Magistrate of Uttar Dinajpur by him. On the basis of the written complaint, the appellant was charged under Section 7 of the Prevention of Corruption Act and he pleaded not guilty and claimed to be tried.