BISWABHUSAN NAIK Vs. STATE

JUDGEMENT

(1.) THE appellant before us is the ex -Inspector of Factories under the Government of Orissa. He was taken into service on 14 -9 -47 and suspended therefrom on 15 -10 -48 as a result of allegations of official misconduct which form the subject -matter of the present prosecution and of another criminal prosecution in which he has been acquitted. As Inspector of Factories, he had to inspect the various factories and mills in the State of Orissa. For the said purpose, he toured in the District of Koraput from 18 -8 -48 to 27 -8 -48 and in Balasore District from 29 -9 -48 to 30 -10 -48.

(2.) THERE was a Mill -owners' associabion at Balasore of which, P. W. 12, one Sri Nandi was the Secretary. While the accused was on inspection -tour in the Ealasore District, oral complaints of his alleged misconduct were carried to the District Magistrate, Balasore, on 2 -10 -48, by P. W. 12, and one Haradhan Khan, since deceased. The District Magistrate, thereupon, arranged for detection at the next anticipated bribe -taking by laying the usual trap, that is, getting three marked hundred -rupee -notes to be passed on as part of the bribe.

(3.) THE present case is concerned with the alleged bribe -takings in respect of the other six mills enumerated above and the recovery of Rs. 3148/ -from the accused on 3 -10 -48 as constituting or as an item of evidence indicating criminal misconduct under Sub -section (3) of Section 5 of the Prevention of Corruption Act. The learned Ses. Judge before whom the trial had taken place, had come to the conclusion that the case of the prosecution as to the actual bribe -giving and bribe -taking was made out in respect of items 2, 7 and 5 above, that is, Laxmi -narayan and Annapurna Rice Mills, Joypur; Mahabir Rice Mill, Balasore and Satyanaryan Rice Mill of Khantapada. He was of the opinion that in respect of one of the other three mills, namely. Laxmivilas Rice Mill at Jayapur, no reliance could be placed on the statement of the alleged bribegiver, P. W. 6, and that the story of payment of bribe to the accused in that case was highly suspicious.