MALKIAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant had faced trial in FIR No.197 dated 30.11.1994 under Section 7, 13 (1) (d) (2) of the Prevention of Corruption Act, 1988 (in short 'Act'), registered at Police Station Payal.

(2.) Prosecution story, in brief, is that Jagir Singhcomplainant wanted to sell the land which was jointly owned by him with his brothers. In this regard, he approached the appellant for copy of the jamabandi. Appellant demanded Rs. 1000/- from the complainant for supply of the copy of the jamabandi. However, the matter was settled at Rs. 700/- Complainant along with Jarnail Singh shadow witness went to the office of Vigilance Bureau. Deputy Superintendent of Police (in short 'DSP') Raghbir Singh recorded the statement of the complainant and on the basis of the same, formal FIR was registered. Complainant handed over seven currency notes in the denomination of Rs. 100/- each to the DSP who returned the same to him after application of Phenolphthalein Powder (in short 'P.Powder'). Complainant was instructed to hand over the said currency notes to the appellant on demand. Jarnail Singh was appointed as a shadow witness and was directed to give a signal to the raiding party after the bribe money was accepted by the appellant on demand. Demonstration of working of P. Powder was shown by the DSP to the witnesses. Thereafter, the raiding party left for the raid. Complainant and the shadow witness entered the office of the appellant. Complainant handed over tainted currency notes to the appellant on demand. Appellant kept the tainted currency notes in his pant pocket. Thereafter, shadow witness made a signal to the DSP, who reached the spot along with the remaining members of the raiding party. 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. The tainted currency notes were recovered from the pant pocket of the appellant. When the pant pocket of the appellant was 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 a sealed parcel and was taken in possession.

(3.) After completion of investigation and necessary formalities, challan was presented against the appellant. In order to prove its case, prosecution examined nine witnesses.