CENTRAL BUREAU OF INVESTIGATION Vs. AJAY KUMAR

JUDGEMENT

(1.) This application has been filed seeking leave to file appeal against the judgment of acquittal dated 09.10.2013 passed in CC Case No.28 of 07.09.2009, by the Special Judge, CBI Court, Chandigarh.

(2.) Brief facts of the case are that on 21.04.2009, respondent-accused Ajay Kumar, while posted as Lower Division Clerk in the office of Deputy Chief Labour Commissioner, Kendriya Sadan, Sector-9A, Chandigarh, allegedly demanded a bribe of Rs.4,000/- from complainant Major RPS Malhotra, for the purpose of processing his labour licence file for Gurdaspur and on 27.04.2009, he accepted the bribe of Rs.4,000/- as illegal gratification along with some other legal remuneration from the complainant and while acting so, he had misused his official position, as public servant. On 27.04.2009, a written complaint Ex.PW8/l was submitted by Major RPS Malhotra to the SP, CBI, ACB, Chandigarh. In the complaint, it was alleged the complainant that he had applied for labour licences for BSNL, Pathankot SSA(for Batala and Qadian Circle) in District Gurdaspur and BSNL Ludhiana SSA (for Ludhiana City) on 13.03.2009. On 13.04.2009, he received two letters dated 08.04.2009 from Deputy Chief Labour Commissioner (Central) Kendriya Sadan, Sector 9, Chandigarh, pointing out discrepancies in applications and calling for his reply within 10 days. On 21.04.2009, he visited office of the Deputy Chief Labour Commissioner (Central) along with reply, where, at instance of Assistant Labour Commissioner Sh. R.K. Aggarwal, he gave two fresh applications same day. Accused Ajay Kumar, dealing Clerk, in connection with applications demanded a bribe of Rs.4,000/- for processing the licence file for Gurdaspur. He received licence for Ludhiana area on 23.04.2009 by post and contacted accused Ajay Kumar on 23.04.2009 and 25.04.2009 telephonically, who told him that licence for Gurdaspur is under process and again demanded bribe of Rs.4,000/-. The accused asked complainant to make a call to him, after making arrangement of the money and before coming to his office. On the basis of complaint, the FIR was registered at about 11.30 a.m.

(3.) During investigation, IMS Negi, Inspector constituted Trap Laying Team consisting of MS Brar, Anil Sharma, SL Sharma, Inspectors CBI, ACB, Chandigarh, complainant and independent witnesses, namely Ranjit Singh, Manager (General) FCI, RO, Punjab, Sector 31, Chandigarh and Mohinder Pal Singh, J.E., Electricity (Operation), Sub-Division 7, Sector 35, Chandigarh.