DAULAT RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant had faced the trial in FIR No. 33 dated 28.4.1998, registered at Police Station Vigilance Bureau, Patiala.

(2.) Prosecution story, in brief, is that appellant had approached the complainant and threatened him that he would implicate him in a case under the Narcotic Drugs and Psychotropic Substances Act, 1985 in case he was not paid bribe to the tune of Rs. 15,000/-. The matter was settled at Rs. 12,000/-. On 27.4.1998, appellant again met the complainant and told him that the money be paid to him by the evening on 28.4.1998 failing which a case qua sale of poppy husk would be foisted against him. Complainant made a false promise to the appellant that he would pay him Rs. 7,000/- on the next day by the evening. The matter was reported to the Vigilance Department. Complainant handed over 45 currency notes in the denomination of Rs. 100/- each and five currency notes in the denomination of Rs. 500/- each. The Deputy Superintendent of Police ('DSP' for short) after applying phenolphthalein powder ('P-Powder' for short) on the said currency notes, returned the same to the complainant and instructed him to hand over the said currency notes to the appellant on demand.

(3.) Demonstration of working of P-Powder was shown to the complainant. Constable Rajnish Kaushal was joined as a shadow witness and a raid was organized. On the next day, appellant reached the house of the complainant. Complainant paid Rs. 7,000/- to the appellant. On receipt of signal from the shadow witness, remaining raiding party reached the spot. On seeing the police party, appellant threw the currency notes on the ground. When the fingers of the appellant were dipped in a solution of sodium carbonate, the colour of the solution turned pink. The currency notes were taken in possession.