PRITHI PAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellant was tried and convicted by the learned Sessions Judge, Ferozepore invested with the powers of Special Judge for offence Under Section 5 (1) (d) read with Section 5 (2) of the Prevention of Corruption Act and Section 161 of the Indian Penal Code, and sentenced to undergo rigorous imprisonment for one year and a fine of Rs. 1000/- or in default of payment thereof, to further suffer rigorous imprisonment for two months on the first count and one years rigorous imprisonment of the second count. Both the substantive sentences were, however, ordered to run concurrently.

(2.) FEELING aggrieved against the above-referred order of conviction and sentence, the appellant has preferred this appeal.

(3.) THE brief re'sume' of facts relevant for the disposal of this appeal is that Prithipal Singh appellant while posted at Ferozepore as Assistant Controller of Weights and Measures visited the shop of Mohan Lal (P. W. 3) on 24-1-1984 in the latter's absence. Pardeep Kumar, servant of Mohan Lal was then present at the shop. The accused instructed Pardeep Kumar that there being no stamps on the iron yard-slicks besides there was no price tag appended to the towels exhibited for sale, he has prepared the challan obviously for the prosecution of Mohan Lal. He then obtained the signatures of Pardeep Kumar on a blank paper and directed him to send Mohan Lal, owner of the shop, to his office. Mohan Lal complainant had gone to attend the marriage of his friend and returned the next day. He went to the office of the accused on that day but the accused was not available. Accordingly, Mohan Lal contacted the accused on 5-2-1984 in the living portion of the building where the office of the accused is located. The accused informed Mohan Lal that he has committed a number of irregularities and faults which would entail a fine of Rs. 500/- to Rs. 700/- and that in case he pays the accused Rs. 200/- then no case will be registered and the matter will be hushed up. The accused directed the complainant to see him on the next day at about 2 p. m. for payment of the said amount. Mohan Lal complainant being not willing to pay the bribe, went to the office of the Vigilance Department on 6-2-1984 at 1 p. m. and informed Surjit Singh Inspector (P. W. 7) of the entire episode. The Inspector, in turn, took into confidence the Additional Deputy Commissioner, Ferozepore and requested him to depute some official for conducting the raid. Accordingly, Karnail Singh, Superintendent of that office was deputed by the Additional Deputy Commissioner to accompany this police officer. Inspector Surjit Singh also joined Satish Kumar (P. W. 4 ). Thereafter, this police officer recorded statement Exhibit P. F. of Mohan Lal complainant in his office and got a case registered Under Section 5 (2) read with Section 5 (i) (d) of the Prevention of Corruption Act and Section 161 of the Indian Penal Code against the accused at Police Station, City Ferozepore. The Inspector then noted the numbers of the two currency notes of the denomination of Rs. 100/ - each and sprinkled phenolphathlein powder thereon. The notes were again entrusted to Mohan Lal with a direction that he should hand over the same to the accused on demand. Satish Kumar was deputed to act as shadow witness and give a signal to the police party by placing his hand on the head after the passing of the hush money. The entire party then went inside the Civil Hospital, Ferozepore. Mohan Lal and Satish Kumar witnesses went to the office of the accused while the remaining party stood near the staircase in the deorhi. After 7-8 minutes on receipt of the proposed signal of Satish Kumar, the raiding party rushed to the office of the accused and saw him throwing the currency notes in the waste paper basket. The accused also stood up from the chair at the sight of the police party. The Inspector disclosed his identity and got the hands of the accused washed in the solution of sodium carbonate in the presence of the above-referred witnesses. The colour of the solution then turned pinkish. This solution was sealed in a phial Exhibit P. 1. Thereafter, the Inspector seized the currency notes after lifting the same from the waste paper basket and took the same into possession vide memo Exhibit P. H. On personal search of the accused, purse containing Rs. 250/ - in cash and a watch were taken into possession. The office room of the accused was also searched for recovering the alleged challan papers but the same could not be traced out. The inspector then prepared rough site plan Exhibit P. Q. of the spot besides recording the statement of the witnesses. After completion of the investigation, sanction Exhibit P. A. was obtained from the Director of Industries for the prosecution of the accused. The accused was arraigned for trial on such like allegations.