JASSA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant had faced trial qua commission of offence punishable under Section 8 of the Prevention of Corruption Act, 1988 (for short 'the Act') in FIR No.92 dated 26.5.2001 registered at Police Station Sultanpuri Lodhi.

(2.) Prosecution story,in brief, is that on 26.5.2001 at about 12.30p.m. Revcharan Singh Brar, who was posted as Deputy Superintendent of Police (for short 'DSP'), Sultanpur Lodhi was present in his office. Ghansham Sunder Dhir was also sitting in office in connection with some application moved by him. Karnail Singh Constable (Steno) informed the DSP that the appellant had come to meet him. Karnail Singh Constable (Steno) was asked to accompany Jassa Singh to the Office of DSP. Jassa Singh appeared in the Office of the DSP and handed over a white packet to the DSP as a gift sent by Baba Hakam Singh. DSP was informed that packet contained Rs. 20,000/-. Appellant told the DSP that Baba Hakam Singh be delivered possession of the land in dispute and the DSP should not take further action on the application moved by the opposite party. Bachittar Singh. Appellant further told the DSP that Rs. 20,000/- more shall be paid after the delivery of possession. When the packet was opened, it contained 40 currency notes in the denomination of Rs. 500/-. The numbers were entered in the ruqa and on the basis of the same, formal FIR was registered. Personal search of the appellant was conducted and he was arrested.

(3.) After completion of investigation and necessary formalities, challan was presented against the appellant and Baba Hakam Singh. The trial Court vide order dated 13.6.2002 ordered the discharge of the accused-Baba Hakam Singh on the ground that there was no evidence on record to establish that Baba Hakam Singh had given money to the appellant to be paid to the DSP. Charge was ordered to be framed against the appellant by the trial Court under Section 8 of the Act vide order dated 24.4.2004.