RAMESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) RAMESH Kumar having been convicted by the Special Judge, Faridabad, vide his order dated November 27, 1990 for an offence under Section 5(2) of the Prevention of Corruption Act and sentenced to undergo four years R.I. and fine of Rs. 3,000/- or in default to further undergo one year R.I. and for an offence under Section 161 IPC, to one year R.I. has come up in appeal. The sentences of imprisonment have been ordered to run concurrently.

(2.) THE appellant was employed as Junior Environmental Engineer in the Haryana State Water Pollution Board and was posted at Faridabad. It was part of his duty to make spot investigation and verification in the matter of grant of renewal of licence about Water and Air (Control of Pollution) Act and to make a report to Sh. B.L. Katyal, the Environmental Engineer. Khandelwal Chemical Factory (for short the Factory) at Faridabad fell within the jurisdiction of the appellant. The factory was owned by Bhanwar Lal Sharma and the manager of the company was Sh. Chand Mal Choudhary. The factory had a licence under the Act valid upto 31.3.87 and its renewal was due. On April 27, 1987, the appellant was approached by Bhanwar Lal Sharma and Chand Mal Choudhary making a request to him to make his report on their application for renewal and forward it to the higher authorities. The appellant made demand for Rs. 10,000/- as illegal gratification for making the report. He further asked them to pay Rs. 2,00/- on April 28, 1987 and the balance after the recommendation for the renewal had been made. Bhanwar Lal Sharma the proprietor felt uneasy over the demand made by the appellant. On April 28, 1987, he accompanied by the manager contacted Shri Daya Nand, Dr. S.P., State Vigilance Bureau, Gurgaon at Canal Rest House, Faridabad, and applied him of the demand made by the appellant. Shri Iqbal Chand, SDO happened to be present there. Daya Nand, Dy S.P. recorded the statement of Chand Mal Choudhary Ex. P.K. and seen ruqqa to police station, SVB, Gurgaon for the registration of a case. Formal FIR Ex. PK/1 was registered. Chand Mal Choudhary produced 20 currency notes of the demonination of Rs. 100/-, each before the Dy S.P., who noted down their serial numbers and also affixed his own initials on each of these notes. He also applied phenolphthale in powder. The person of Chand Mal Choudhary was searched and the currency notes were handed over to him and memo Ex. PM was prepared, which was attested by Bhanwar Lal Sharma and Iqbal Chand. Banwar Lal was made a shadow witness and a direction was given to Chand Mal Choudhary that he should make a singhle to the shadow witness after the money pas passed on making a demand by the appellant. It was also agreed that Bhanwar Lal Sharma will give further signal to the raiding party. The raiding party then preceded to Section 9 Faridabad, where the Office of appellant was located. Chand Mal Choudhary and Bhanwar Lal Sharma went ahead while the remaining police party remained concealed behind and waited for the signal. After the signal was given by Bhanwar Lal Sharma, the raid was carried out by the Dy. S.P. and Rs. 2,000/- were recovered from the right pocket of the trousers being worn by the appellant. The serial numbers of the currency notes were compared which taillied. After preparing a mixture of sodium carbonate, the currency notes were got washed and the colour of the solution changed into pink. This was transferred into a nip and recovery memo Ex. PN was prepared. The hands of the appellant were got washed in a similar solution resulting in changing of the solution colour in to pink. This solution was transferred into another nift which was sealed and taken into possession vide memo Ex. PD. The trousers of the appellant was also got removed and its right pocket was washed in similar solution resulting in the change of colour of the solution into pink. It was also transferred into a nip. Recovery memo Ex. PP was prepared. The Dy. S.P. got the hands of the Chand Mal Choudhary washed and the same also changed the colour of the solution in to pink and this solution was transferred into a nip and taken into possession vide Ex. PQ. The Dy S.P. also took into possession papers Ex. PI/1-34 relating to the renewal of licence of the factory which were found lying on the table of the accused. These were taken into possession vide memo Ex. PR. A personal search of the appellant was made and a sum of Rs. 215/- and a purse were found, which were taken into possession vide memo Ex. PP/1. The appellant was arrested. After completion of investigation, the appellant was put in Court.

(3.) PW 1 Jagapl Singh Choudhary confirmed having granted sanction Ex. PA for prosecution of the appellant, in his capacity as Chairman of the Board.