RATTAN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant had faced trial in FIR No.19 dated 30.03.1998 under Sections 7 and 13 (2) of the Prevention of Corruption Act, 1988 (in short 'Act'), registered at Police Station Vigilance Bureau, Patiala.

(2.) Prosecution story, in brief is that Ishar Singh had deposited security for electric connection in the year 1986. Demand notice was received by Ishar Singh from the Punjab State Electricity Board (in short 'PSEB') and the last date in this regard was 30.03.1998. Since Ishar Singh was an old man and was unable to pursue the application, complainant Maghar Singh, on behalf of his father, completed necessary formalites. On 26.03.1998, complainant along with all the necessary papers met the appellant. Appellant demanded Rs. 2,000/- by way of bribe. The matter was settled at Rs. 1,000/-. On 30.03.1998, complainant along with Shamsher Singh went to the office of Vigilance Bureau. Deputy Superintendent of Police ('DSP' for short) Narinderpal Kaushal recorded the statement of the complainant and on the basis of the same, formal FIR was registered. Complainant handed over two currency notes in the denomination of Rs. 500 each to the DSP who returned the same to the complainant after application of Phenolphthalein Powder ('P. Powder for short') and instructed the complainant to hand over the said currency notes to the appellant on demand. Demonstration of working of P. Powder was shown to the witnesses. Thereafter, a raid was organized. Shamsher Singh was deputed to act as a shadow witness and was instructed to give a signal to the raiding party after the bribe money was accepted by the appellant. Bawa Singh was joined as an official witness. Complainant and shadow witness then went inside the office of the appellant. Appellant demanded the bribe money from the complainant. Then complainant handed over the tainted currency notes to the appellant and he kept the same in his shirt pocket and signed the test report. Complainant deposited the requisite fee. On receipt of signal from the shadow witness, DSP along with the remaining members of the raiding party reached the spot. When the fingers of the appellant were dipped in a solution of sodium carbonate, colour of the solution turned pink. The said solution was put in a nip and was made into a sealed parcel and was taken in possession. When the shirt pocket of the appellant was dipped in solution of sodium carbonate, colour of the solution turned pink. The said solution was also put in a nip and was made into a sealed parcel and was taken in possession.

(3.) After completion of investigation and necessary formalities, challan was presented.