GURDIAL SINGH Vs. C.B.I.

JUDGEMENT

(1.) The accused-appellant Gurdial Singh (herein referred as 'the accused') was trapped when receiving Rs. 500/- as illegal gratification for releasing the amount of money-orders. Consequently, he was convicted and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 2,000/- each under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 (for brevity 'the Act').

(2.) The accused was posted as Post Master at Extra Departmental Branch, Post Office Boparai, Distt. Kapurthala. He had received two money-orders relating to Sukhdev Singh and placed a condition upon him that the money-orders could be released only on the proof of his identity by some witness. On 15.07.1999, complainant Sukhdev Singh (herein referred as 'the complainant') visited post-office in order to inquire about the receipt of money-orders of Rs. 8,000/-. The accused confirmed, having received the money-orders. However, he demanded a sum of Rs. 500/- as well as the identifier. Thereafter, on 16.07.1999, the complainant alongwith Sucha Singh contacted DSP Gurmeet Singh, Vigilance Bureau, Kapurthala and lodged the complaint against the accused. The latter recorded his statement Ex.PW1/1 and completed the trap formalities. On the receipt of the ruqa, FIR Ex.PW5/1 was registered at police station. Complainant handed over five currency notes Ex.P1 to Ex.P5 in the denomination of Rs. 100/- each to the Investigating Officer who demonstrated about the reaction of phenolphthalein powder with the solution of the sodium carbonate. He also prepared a memo regarding the number of currency notes (tainted money). Sucha Singh (PW2) was appointed as a shadow witness and Krishan Kumar, Junior Assistant, in the office of Deputy Commissioner, Kapurthala, was jointed as official witness. The complainant was instructed by the Investigating Officer to hand over the tainted money to the accused on his demand and Sucha Singh was directed to signal them as soon as the money was accepted by the accused.

(3.) As planned, the complainant alongwith tainted money went to the accused, who after making the payment of Rs. 8,000/- to the complainant came out in the street and received Rs. 500/- on account of illegal gratification from the complainant. On receipt of the signal from Sucha Singh, DSP Gurmeet Singh raided the premises. He got washed the hands of the accused in a solution of sodium carbonate whereupon the colour of solution turned pink which was poured in a nip and sealed with the seal bearing impression 'GS'. Memo with regard to hand wash Ex.PW1/5 was prepared. From the personal search of the accused, tainted currency notes were recovered which were taken into possession vide memo Ex.PW1/7, the pocket wash of the pant was also got conducted and the colour of the pocket also became pink. The Investigating Officer prepared the site plan, recorded the statements of witnesses and on receipt of the report of Forensic Science Laboratory, challan was presented against him.