PANGER AONOK Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) THE two appellants in these 2 appeals faced trial in the Special Case No. 1/2006 and they challenge the judgment dated 19.3.2008 rendered by the learned Special Judge, Shillong, whereby the accused were convicted under Section 12 of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the PC Act"). Both the accused were sentenced to 1 year imprisonment and were fined Rs.10,000.00 each and in default of fine, were sentenced to further imprisonment for 3 months.

(2.) IN pursuant to seizure of 9751 Kgs of ganja on 27.12.2005 hidden in 3 oil tankers, the Chliehriate P.S. Case No. 153(12)/2005 was registered under the NDPS Act. At that stage the police inspector Terence Jeffery Synrem (P.W.3) on 29.12.2005 reported to the S.P., Jowai that the accused Panger Aonok and 2 others have offered Rs. 20 lakhs bribe to the police inspector to release the 3 oil tankers, the ganja and to set free the arrested accused Saraj Anwar. Although the police inspector refused, the accused offered to come again on 30.12.2005 to handover Rs. 20 Lakhs in cash to the police inspector. After receiving this complaint, the S.P., Jowai instructed Mr. B.P. Joshi, police inspector, Jowai (W) to enquire and submit a report on the genuineness of the information and after the Mr. Joshi's report was submitted, the S.P. directed registration of a case under Sections 8 and 12 of the PC Act and entrusted Mr. Anurag, IPS, the Sub-Divisional Police Officer (SDPO), Chliehriate with the investigation of the 2nd case. After receiving the S.P's order on 30.12.2005, the Chliehriate P.S. Case No. 154 (12)/2005 under the P.C. Act was registered and Mr. Anurag took up the investigation of the illegal gratification case.

(3.) ACCORDING to the prosecution case, on 30.12.2005 at about 12: 15 noon, 3 persons namely Panger Aonok, Kauser Alam (the appellants herein) and one Kamal Choudhury entered the office chamber of the O.C., Chliehriate Police Station to offer illegal gratification to the police inspector (P.W.3). The Trap Team members caught the accused red handed while they were offering the cash to P.W.3. Then the I.O. prepared a post-trap Memorandum (Exbt.-3), seizure memo (Exbt.-2) and arrested the accused who were charged under Section 12 of the P.C. Act Since the charge was denied, the case was put to trial.