MUKHTIAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Mukhtiar Singh, an official of Punjab State Electricity Board (hereinafter referred to as, the Board ) has assailed his conviction recorded by the Court of Special Judge, Fatehgarh Sahib vide its judgment dated 1st March, 2002 under Section 7 and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as, the Act ). The appellant was sentenced as under: under Section 7 of the Act RI for six months. under Section 13(2) of the Act RI for one year and fine of Rs. 500/- in default RI for one month.

(2.) Complainant Karamjit Singh PW-2 had approached Kashmir Singh Bhinder, DSP (Vigilance), Fatehgarh Sahib on 29th November, 1999, who had recorded statement Ex.PA of the complainant. The complainant stated that he was an agriculturist and at his residence, an electricity meter was installed on his name. The monthly bill of electricity was paid by him every month. The meter was checked by Mukhtiar Singh, Meter Reader, PSEB, Bharri. In spite of the complainant paying the bill every month, the Meter Reader used to say that the bill received by the complainant was not commensurate with the electricity consumed. For this reason, he threatened the complainant that he will get the electricity meter disconnected, as the complainant was committing theft of electricity by applying a hook on the line. The Meter Reader also disclosed that a heavy penalty shall be imposed upon the complainant. On 29th November, 1999 at about 10.00 p.m., Mukhtiar Singh Meter Reader, PSEB Bharri met the complainant at the flour mill of Zorawar Singh son of Banta Singh, resident of village Bhamiyan and told him that he indulged in theft of electricity, therefore, due to this reason the electricity bill received was less than the electricity consumed and Rs. 500/- should be paid as bribe, otherwise the electricity meter would be disconnected. On the entreaties made by the complainant that he was a poor man, Mukhtiar Singh Meter Reader agreed to accept Rs. 300/-. Since the complainant was not possessing the amount, he had advanced an excuse, upon which the appellant told that the amount of Rs. 300/- be given in the afternoon, otherwise he would make a complaint and get the meter disconnected. The complainant was not inclined to pay the illegal gratification, therefore, he, accompanied by Zorawar Singh son of Banta Singh, presented himself before the DSP (Vigilance), Fatehgarh Sahib and handed over three currency notes of the denomination of Rs. 100/- each. Statement of the complainant was recorded and the same was read over to him, who in token of its correctness appended his signatures. The serial numbers of the currency notes were noted. Phenolphthalein powder was applied to the currency notes and personal search of the complainant Karamjit Singh was carried. The complainant was made to understand that the currency notes, upon which the powder was applied, were to be handed over to the appellant. After putting water in a glass Sodium Carbonate was mixed and stirred but the colour of the water did not change. Then in the same mixture, a piece of paper stained with Phenolphthalein powder was put in and stirred. The colour of the mixture turned into light Pink and this demonstration was shown to the witness and a memo to this effect was prepared. As per the scheme, the raiding party along with the complainant Karamjit Singh and the shadow witness Zorawar Singh proceeded to the spot. The witnesses were instructed that the moment Mukhtiar Singh Meter Reader accepts the bribe, immediately a signal to the raiding party be relayed after putting hand on the head. The payment of bribe on the part of Mukhtiar Singh constituted offence punishable under Sections 7 and 13 of the Act and therefore, a ruqa was sent to the Police Station for registration of the case. The police proceedings were concluded on 29th November, 1999 at 2.15 p.m. Babu Singh, Senior Assistant, Treasury Office, Fatehgarh Sahib was associated with the raiding party. He was introduced to the complainant and the shadow witnesses. When the raiding party reached the office of Electricity Board, the witnesses found the appellant present in his office. The witnesses had offered the amount of bribe, which was accepted by the appellant. On a signal given by the shadow witness in the presence of independent witness, recovery was effected. Hand of the appellant was caught hold from his wrist and a glass of water was arranged. Sodium Carbonate was added in the water and the appellant was made to wash his fingers in the mixture so prepared. The colour of the mixture changed into light Pink. The mixture thereafter, was put in the nip and a parcel was prepared and sealed. The tainted currency notes were recovered from the left pocket of the shirt worn by the appellant. A comparison of the notes recovered was carried with the memo already prepared. The same duly tallied and were taken into custody vide memo Ex.PE, which was attested by Karamjit Singh, Babu Singh and Zorawar Singh. The appellant was made to change his shirt and the shirt worn by him was also taken into possession. A rough site plan of the spot was prepared and thereafter the raiding party returned to the Police Station, where the case property was deposited with the Moharrir Head Constable with seals intact. The nip containing the mixture was sent to the Forensic Science Laboratory, and a report Ex.P-15 was received which was positive and against the appellant.

(3.) After the statements of the witnesses under Section 161 were recorded, investigation was concluded and a report under Section 173 was submitted.