HARBILAS Vs. C B I

JUDGEMENT

(1.) Appellant has preferred this appeal challenging his conviction and sentence for commission of offence punishable under Sections 7 and 13 (1) (d) punishable under Section 13 (2) of the Prevention of Corruption Act, 1988 (for short 'the Act') as ordered by the Special Judge vide judgment/ order dated 7.4.2003.

(2.) Prosecution story, in brief, is that complainant Rajesh Kumar had submitted an application for issuance of passport in the Passport Office, Jalandhar. Despite repeated visits to the office, passport was not issued to the complainant. Appellant, who was working in the passport office, demanded Rs. 2,500/- as bribe from the complainant for helping him to get his passport. Thereafter, complainant approached the office of Vigilance Bureau Jalandhar. Deputy Superintendent of Police Joginder Singh Cheema recorded the statement of the complainant and on the basis of the same formal FIR was registered. Complainant handed over five currency notes in the denomination of Rs. 500/- each to the Deputy Superintendent of Police, who returned the same to him after applying Phenol Phthalein Powder (P-Powder for short).

(3.) Demonstration of working of P-Powder was shown to the witnesses by the Deputy Superintendent of Police. Complainant was instructed to hand over the tainted currency notes to the appellant on demand. 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 as well as the shadow witness went inside the office of the appellant and handed over the tainted currency notes to the appellant on demand. Appellant kept the same in his right pant pocket. On receipt of signal from the shadow witness, Deputy Superintendent of Police along with other members of the raiding party reached the spot. On search of the appellant, tainted currency notes were recovered from his right pant pocket and the numbers of the same were tallied with the numbers noted down in the memo. When the hands of the appellant were dipped in a solution of sodium carbonate, the colour of the solution turned pink. When the right pant pocket of the appellant was dipped in a solution of sodium carbonate, the colour of the solution turned pink.