NIRMAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Nirmal Singh, the appellant has brought this appeal against the judgment dated 21.11.2000 passed by learned Special Judge, Mansa, holding him guilty and convicting him for an offence punishable under sections 8 and 9 of the Prevention of Corruption Act, 1988 (for short, "the Act") as also the order on quantum of sentence of the same date vide which the appellant has been sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.1,000/- for the offence punishable under section 8 of the Act with further rigorous imprisonment for a period of one month in default of payment of fine repeating the same sentence for the offence punishable under section 9 of the Act. Learned Special Judge, Mansa has ordered both the substantive sentences to run concurrently and has also ordered the period of detention undergone by the accused during the course of investigation, enquiry and trial to be set off against the above mentioned sentence. The case, as set up by the prosecution, against the appellant is as under:-

(2.) Naib Singh and Nahar Singh, brothers of the complainant, Gurmel Kaur were in custody in Central Jail, Bathinda in connection with a case registered by way of FIR No. 28 dated 8.5.98 at Police Station Sadar, Mansa under section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "NDPS Act"). A short while earlier to September, 1998, Nirmal Singh son of Dalip Singh (the appellant) came to Gurmel Kaur and told her that he was known to a Judge at Chandigarh and that he would get her brothers, named, Naib Singh and Nahar Singh released on bail in the aforesaid case, if she gave him a sum of Rs.50,000/-. Gurmel Kaur paid him the said amount in the month of September, 1998 after selling her truck. Nirmal Singh had also obtained a sum of Rs. 50,000/- from Dalip Kaur for getting her son Ganga Singh released on bail. A short while earlier to 25.2.1999, Nirmal Singh came to Gurmel Kaur and told her that the Judge, who was known to him, had been suspended and, as such, their work could not be done. Claiming that Nirmal Singh neither got Naib Singh and Nahar Singh released on bail nor returned the amount to Gurmel Kaur, she made a complaint in writing to Sh. A.S.Kathuria, learned Additional District & Sessions Judge, Mansa who made his endorsement (Ex. PA) on the application (EX.PA/1) and had sent the same to Senior Superintendent of Police, Mansa for investigation and further action.

(3.) The Senior Superintendent of Police, Mansa made his endorsement (Ex. PA/2) and had sent the matter to DSP (Headquarter), Mansa. On the basis of that application, FIR (Ex.PB) was registered against the accused. The DSP conducted the enquiry and during the course of enquiry, he found that the accused obtained a sum of Rs.50,000/- from Gurmel Kaur for getting her brothers released on bail in the case bearing FIR No. 28 dated 8.5.98 under section 15 of the NDPS Act registered at Police Station Sadar, Mansa. The accused was, consequently. arrested and after completion of investigation, challan against the accused was prepared under sections 8 and 9 of the Act. Charge was framed against the accused for the offence punishable under sections 8 and 9 of the Act against the accused on 18.8.1999, to which he pleaded not guilty and claimed trial.