STATE Vs. MINAKETAN PATNAIK

JUDGEMENT

(1.) This is an appeal against an order of acquittal passed by the Additional District Magistrate, Bolangir, in a case started against the respondent under Section 161 of the Indian Penal Code.

(2.) The accused was the Civil Supplies Officer at Bolangir on the day of occurrence. The case against him is that at or about 8-30 P.M., on the 5th day of March 1950, he accepted a sum of Rs. 200/- as illegal gratification with a view to facilitating the export of kudo from Kantabanji railway station, Bolangir District, to Bombay Presidency. Briefly stated the facts are that Purushottam (P. W. 1) who was acting as purchasing agent of the firm of Shiva-shankar Tricumjee, at Cuttack represented to Shivashankar on 18-12-49 that he had purchased 15,000 maunds of kudo for export and requested Shivshankar to obtain a permit for the same from the Supply & Transport Department, Cuttack. On 28-12-49. the Under-Secretary to the Government of Orissa, in the Supply & Transport Department (Food), addressed a letter (EXT. D) to the District Magistrate, Bolangir, enquiring whether a stock of 15,000 maunds of kudo was available in the godown of Purushottam at Kantabanji for export at the instance of Shivashankar, and whether he would have any objection to an export permit for that quantity being granted. Before any reply was received from the District Magistrate, the Government of Orissa granted a permit to Shivashankar on 30- 12-49 for exporting 15,000 maunds of kudo from Bolangir District. The District Magistrate protested against the action of Government in granting the permit vithout waiting for his reply to their reference dated 28-2-49. An enquiry had, in the meanwhile, been made by the Civil Supply staff of the district to verify whether P. W. 1 had, in fact, 15,000 maunds of kudo with him for export, and the Supervisor of Civil Supplies at Bolangir reported that P. W. 1 had no stock on hand and recommended that no permit could be granted as prayed for, but that a permit for 4,000 maunds could be recommended. Ultimately, the permit issued by the Government of Orissa for export of 15,000 maunds of kudo was withheld, and a fresh permit for the export of 4,000 maunds was isssued in its place on 21-1-50. It would appear that P. W. 1 then met the accused in his office at Bolangir on 25-1-50 and, it is alleged that at that interview the accused hinted to him that he would be in a position to facilitate further exports of kudo, in addition to the 4,000 maunds already permitted to be exported, if some money was paid to him. It is further stated that the accused visited Kantabanji on 12-2-50 and demanded a bribe from P. W. 1 when he was looking into his accounts at his shop. In fact, it is alleged that he not only demanded money but also asked P. W. 1 to get some sarees for him. Five or six days later, Shivashankar himself visited Kantabanji where P. W. 1 reported to him about the demand made by the accused, and Shivshankar informed the C. I. D. Inspector, Mr. M. N. Roy at Cuttack on 27-2-50. On this information, the Inspector C. I. D. and Shivshankar together started for Kantabanji the same night and met P. W. 1 on 1-3-50 at his place. Thereafter, a trap was arranged by the Inspector on 5-3-50 and marked currency notes of the value of Rs. 200/- and four marked sarees were handed over to P. W. 1 for being offered to the accused at his residence. P. W. 1 accompanied by one Bhoramall (P. W. 3) another merchant of Kantabanji, went to the residence of the accused at about 8-30 P.M. and both P. W. 1 and P. W. 3 offered some sarees which were rejected by the Civil Supplies Officer. The sum of Rs. 200/-in marked currency notes was offered by P. W. 1 and it is said that the accused accepted it. Within about half an hour of this incident, the C. I. D. Inspector and the then Additional District Magistrate, Bolangir, Mr. M. N. Dutta, who were waiting for the signal in the house of Mr. G. C. Sinha, Inspector of Schools a neighbour of the accused, went to the house of the accused and challenged him whereafter the money that was alleged to have been received by the accused was produced by him from the inner pocket of a coat in his bedroom. These are the broad facts of the prosecution case.

(3.) The witness to the offer and acceptance of the money as bribe are Purushottam and Bhoramall who are respectively P. Ws. 1 and 3 Mrs. G. C. Sinha, the neighbour of the accused who was examined as P. W. 2 was present when the C. I. D. Inspector challenged the accused and when the money was produced by the accused. Shivshankar who was examined as P. W. 4 proved the conversation that he had with his agent, P. W. 1, at Bolangir on the 17th or 18th February, when the latter informed him about the demand for bribe made by the Civil Supplies Officer. He also proves the complaint made by him to Mr. N. N. Roy, the C. I. D. Inspector at Cuttack on 27-2-50. Mr. N. H. Dutta, the then Additional District Magistrate, Bolangir, was examined as P. W. 5 to prove the trap that was laid for inducing the accused to accept the bribe and the incidents that took place after he went into the house of the accused in the company of the Inspector, (C. I. D.) Mr. N. N. Roy, and he proves the part that he played in the events leading up to the commission and detection of the offence and the later investigation into the case. P. W. 6 proves certain documents exhibited by either side. P. W. 7 is the building Sub-Inspector of Police who prepared a map of the house occupied by the accused. P. W. 9 proves the seizure of certain documents from Shivshankar at Cuttack.