RAJ SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) :- In case FIR No. 16 dated 18-6-1985 under S. 5(2) read with S. 5(1)(d) of the Prevention of Corruption Act, 1947 (hereafter to be referred to as the Act) and S. 161, Indian Penal Code of Police Station, State Vigilance Bureau, Haryana, Gurgaon, vide order dated 3-11-1986, Special Judge, Narnaul exercising the powers of trial under the Act held the charge under S. 5(2) read with S. 5(1)(d) of the Act and S. 161, Indian Penal Code proved against Raj Singh, Mandi Supervisor, Market Committee, Mahendergarh for having demanded and accepted Rs. 150.00 from Udmi Ram as illegal gratification by abusing his position as Mandi Supervisor and sentenced him to undergo R.I. for one year and to pay a fine of Rs. 2000.00 on each count. In default of payment of fine, he sentenced him to undergo R.I. for a period of 6 months. He ordered the sentences to run concurrently.

(2.) The prosecution case, in brief, is that Udmi Ram son of Siri Chand was working as Commission Agent under the name and style "V. K. Trading Company" in Anaj Mandi, Mahendergarh in the year 1985. On 15-6-1985 Udmi Ram purchased 60 bags of Gawar from M/s. Amolak Ram Basant Ram Hissar vide bill Ex. PA. On 16-6-1985 he brought said 60 gunny bags of Guwar by Truck No. HRF-6625 to Mahendergarh. This truck was being driven by driver Shankar Lal. By mistake Shankar Lal had taken Octroi Parchi in his own name. After Gawar had been received at their Commission Agent's Shop at Mahendergarh on 17-6-1985 Shri Raj Singh Hooda, Mandi Supervisor of Market Committee, Mahendergarh came to their shop and he asked Udmi Ram that no octroi had been paid on Guwar which had been received by their firm "V. K. Trading Company" on 16-6-1985 from Hisar and that octroi Parchi taken was not in the name of "M/s. V. K. Trading Company" and that Guwar had been received in number two by "M/s. V. K. Trading Company" i.e. it was a clandestine deal. Shri Udmi Ram produced the relevant papers before Shri Raj Singh Hooda i.e. Bill Ex. PA, Bilti Ex. PB, Form ST 37 Ex. PC, Marks D. Octroi Parchi and told him that he could verify the facts stated by him and it was a regular deal and further they would pay market fee and that he would get his licence to deal in agricultural produce obtained by him from market committee cancelled but he would not get it cancelled if a sum of Rs. 150.00 was paid to him as illegal gratification. He told him that earlier he had got his licence suspended and this time, he would get his licence cancelled and if he wanted that he should carry on commission agent's shop at Mahendergarh, he would have to grease his palm. He told him that he should contact him on Tuesday afternoon with Rs. 150.00 as illegal gratification. As Raj Singh Hooda, Mandi Supervisor was insisting upon getting illegal gratification from Udmi Ram on 18-6-1985, he approached Shri Mukhtiar Singh, D.S.P. State Vigilance Bureau, Gurgaon and told him the entire episode whereupon, on the statement of Udmi Ram, Case FIR No. 16 dated 18-6-1985 was registered under S. 161, Indian Penal Code and under S. 5(2) of the Act at Police Station State Vigilance Bureau (H), Gurgaon against the accused. Thereafter, DSP Mukhtiar Singh along with SI Maharaj Singh, three Head Constables and Udmi Ram came to Narnaul by a jeep in the sub unit of State Vigilance Bureau. He joined Inspector Lala Ram and a constable from there and proceeded to Mahendergarh. He then went to Power House, Dadri Road Mahendergarh and stopped the jeep near the school stand. From there, he called Shri Raj Kumar Sharma, SSE and narrated the facts to him and joined him with him in the raid. At the asking of DSP, Mukhtiar Singh, Udmi Ram produced three currency notes of the denomination of Rs. 50.00 each which are Ex. P. 1 to Ex. P.3 before him. He put his initials "MS" on them and applied Phenolphthalein powder to them and then carried out the personal search of Udmi Ram and handed over the said currency notes to him. In this behalf, he prepared memo Ex. PF which was attested by Udmi Ram, Lala Ram Inspector, State Vigilance Bureau, Haryana, Narnaul, S.I. Maharaj Singh of State Vigilance Bureau, Gurgaon and Raj Kumar Sharma SSE. HSEB, Mahendergarh. He directed Udmi Ram to go to the accused, Raj Singh Hooda, Mandi Supervisor and hand over the aforesaid currency notes to him but only on demand by him and not otherwise. Shri Maharaj Singh was deputed to act as shadow witness and to shadow Udmi Ram and to hear the conversation that takes place between Udmi Ram and the accused and witness the transaction taking place between them. He further directed SI Maharaj Singh to raise signal as soon as money was received by the accused pursuant to his demand from Udmi Ram. The raiding party headed by DSP, Mukhtiar Singh came up to the gate of Mandi, Mahendergarh in jeep. Udmi Ram complainant and SI Maharaj Singh proceeded towards the office of Market Committee. Udmi Ram entered the office, whereas SI Maharaj singh stood by the side of a window and the raiding party stood behind the office of Market Committee. After about 3-4 minutes SI Maharaj Singh gave signal by raising his right hand. The entire raiding party including Raj Kumar Sharma, SSE of the H.S.E.B., Mahendergarh entered the office of the Market Committee, Raj Singh accused was going out of his office. He was secured. Udmi Ram complainant was present in the office. DSP Mukhtiar Singh disclosed his identity to the accused. Udmi Ram then told the DSP that the accused had accepted the money and had placed it in the drawer of his table. DSP Mukhtiar Singh procured some water in a jug. He added some sodium carbonate in that water. He got the hands of the accused dipped and washed in that solution of sodium carbonate and the colour of the water turned pinkish. That pinkish solution of sodium carbonate was put in a bottle which was sealed. That sealed bottle Ex. P.5 was taken into possession vide memo Ex. PG. On personal search of the accused, a sum of Rs. 427.00 was recovered from him which was taken into possession vide memo Ex. PH. Thereafter, the back side drawer of the table of the accused was searched. From that drawer DSP Vigilance Shri Mukhtiar Singh recovered currency notes Ex. P.1 to P. 3. Number of these currency notes were found to be tallying with the numbers lying entered in Memo Ex. PF. Currency notes Ex. P1 to P.3 were taken into possession vide memo Ex. PJ. DSP Mukhtiar Singh then got the bushshirt worn by the accused taken off. He prepared solution of sodium carbonate. He got washed the right side pocket of the bushshirt in that solution of sodium carbonate. Colour of his solution turned pinkish. That solution was put in sealed bottle Ex. P6 which was taken into possession vide memo Ex. PG/1. He also got washed the hands of Udmi Ram in a solution of sodium carbonate. Colour of that solution turned pinkish. That solution was put in bottle Ex. P. 7 which was sealed and taken into possession vide memo Ex. PG/2. Seal after use was handed over to Raj Kumar Sharma, SSE, Udmi Ram's person was again searched but nothing was recovered from him. In this behalf memo Ex. PK was prepared. DSP Mukhtiar Singh took into possession two registers Ex. PV and Ex. PV/1 vide memo Ex. PV/2. He prepared rough site plan Ex. PX of the place of occurrence. Sealed bottle containing the handwash and the sealed bottles containing the pocket wash of the accused were sent to the Forensic Science Laboratory, Haryana, Madhuban for analysis.

(3.) Vide report Ex. PQ, the Forensic Science Laboratory, Haryana Madhuban found Phenolphthalein and Sodium carbonate in the contents of handwash of the accused and the pocket wash of the bushshirt of accused. After obtaining sanction Ex. PU from the Chief Administrator, Haryana State Agricultural Marketing Board, Panchkula, which was an authority competent to remove Raj Singh Hooda, Mandi Supervisor from his office, the accused was challaned under S. 5(2) read with S. 5(1)(d) of the Act and S. 161 Indian Penal Code.