VISHAV SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant has preferred this appeal challenging his conviction and sentence for commission of offence punishable under Sections 7 and 13 (2) read with 13 (1) (d) of the Prevention of Corruption Act, 1988 (for short 'the Act') as ordered by the trial Court vide judgment/ order dated 2.8.2002 in FIR No.38 dated 12.6.1996 registered at Police Station Vigilance Bureau, Patiala.

(2.) Prosecution story, in brief, is that complainant Mukhtiar Singh was posted as Secretary Ramgarh Cooperative Agriculture Service Society (for short 'the Society). Complainant was maintaining the record of the society and distributed fertilizer to the farmers. It was further the duty of the complainant to recover loans from the farmers and deposit them with the bank. Appellant was working as Inspector, Cooperative Societies, Punjab. On 10.6.1996, a cheque in the sum of Rs. 12,000/- qua some expenses was to be presented for encashment. Appellant, however, demanded Rs. 1,000/- for approving the withdrawal of the amount. Complainant met the vigilance authorities and Deputy Superintendent of Police Pritpal Singh organised a raid. Complainant handed over ten currency notes in the denomination of Rs. 100/- each to the Deputy Superintendent of Police, who, in turn, returned the same to the complainant after application of Phenol Phthalein Powder (P-Powder for short).

(3.) Complainant was directed to hand over the tainted currency notes to the appellant on demand. Demonstration of working of P-Powder was shown to the witnesses. Jai Deep Bhanaut, Junior Engineer, was joined as an official witness. Paramjit Singh was appointed 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. Thereafter, the raiding party left for the raid. Complainant and the shadow witness met the appellant in his house.