KAMAL KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant had faced trial qua commission of offence punishable under Section 13(2) read with Section 7 of the Prevention of Corruption Act, 1988 (for short 'the Act') in FIR No.39 dated 28.4.1998 registered at Police Station Vigilance Bureau, Jalandhar.

(2.) Prosecution story,in brief, is that complainant-Bhagwant Singh was running a Flour Mill. Electric connection was running in the Flour Mill for the last 11 years but the same got burnt and the complainant received bills on average basis. On 27.4.1998, complainant met the appellant, who was working as Revenue Accountant in the Office of Punjab State Electricity Board (for short 'PSEB'). Complainant sought correction of the bill. Appellant demanded Rs. 15,00/- for reducing the bill amount. The deal was settled at Rs. 1000/-. Complainant approached the office of Deputy Superintendent of Police (for short 'DSP')-Gurmej Singh, Vigilance Bureau. On the basis of the statement of the complainant, DSP registered formal FIR. Complainant handed over ten currency notes in the denomination of Rs. 100/- each to the DSP, who returned the same to the complainant after application of phenolphthalein powder (hereinafter referred to as P.Powder). Complainant was directed to hand over the said currency notes to the appellant on demand. Lakhwinder Singh was nominated as a shadow witness and was instructed to give a signal to the raiding party after the bribe money was accepted by the appellant on demand. Pritam Singh was joined as an official witness. Working of P.Powder was shown by the DSP to the witnesses. Thereafter, the raiding party left for the raid. Complainant and shadow witness entered the office of the appellant. On demand, complainant paid Rs. 1000/- to the appellant and he corrected the electricity bill of the complainant.

(3.) Appellant kept the tainted currency notes in his left pant pocket. On receipt of a signal from the shadow witness, DSP along with remaining members of the raiding party reached the spot. When the fingers of the appellant were dipped in a solution of sodium carbonate, the colour of the solution turned pink. The said solution was put in a nip and was made into sealed parcel and was taken in possession. When the pant pocket of the appellant was dipped in a solution of sodium carbonate, the colour of the solution turned pink.