SUBA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT had faced trial in FIR No. 33 dated 17.06.2004 under Sections 7, 13(2) of the Prevention of Corruption Act, 1988 (in short 'Act'), registered at Police Station Vigilance Bureau, Amritsar. Prosecution story, in brief, is that complainant -Manjeet Singh had five acres of land in Village Duggalwala. On 27.05.2004, complainant approached the appellant for grant of temporary electricity connection. Complainant deposited Rs. 100/ - as the requisite fee with the Board. Complainant and Gurdial Singh requested the appellant to release the connection but the appellant raised a demand of Rs. 1500/ - as bribe for doing the needful. The matter was settled at Rs. 500/ -. Complainant, then approached the Vigilance authorities. Deputy Superintendent of Police (Vigilance) Kashmir Singh recorded formal FIR on the basis of the statement of the complainant. Complainant handed over five currency notes in the denomination of Rs. 100/ - each to the Deputy Superintendent of Police (Vigilance) who returned the same to the complainant after application of phenolphthalein powder (in short 'P. powder') on them. Complainant was instructed to hand over the said currency notes to the appellant on demand. Gurdial 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. Gurinder Singh and Rajinder Singh were joined by the Deputy Superintendent of Police (Vigilance) as official witnesses with the raiding party. Demonstration of working of P. powder was shown to the witnesses. Thereafter, raiding party left for the raid. Complainant along with the shadow witness, met the appellant in his office. Complainant gave the official fee to the tune of Rs. 5000/ - to the appellant. At the asking of the appellant, complainant handed over the tainted currency notes to the tune of Rs. 500/ - to the appellant. Appellant kept the tainted currency notes in the pocket of his shirt. On receipt of the signal from the shadow witness, Deputy Superintendent of Police (Vigilance) along with the remaining members of the raiding party reached the spot. Deputy Superintendent of Police (Vigilance) introduced himself to the appellant. 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. Deputy Superintendent of Police (Vigilance) handed over the amount of Rs. 5000/ - to the complainant. On personal search of the appellant, tainted currency notes were recovered from his shirt pocket and the same were taken in possession. When the shirt 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. From the almirah lying in the office of the appellant, a polythene envelope containing Rs. 45,250/ - was recovered and the same was taken in possession. Upper Division Clerk of the office of the appellant produced before the Deputy Superintendent of Police (Vigilance), receipt dated 17.06.2004 in the name of the complainant with regard to deposit of Rs. 5000/ - along with demand notice dated 14.06.2004 directing the complainant to deposit Rs. 5,000/ -.

(2.) AFTER completion of investigation and necessary formalities, challan was presented against the appellant.

(3.) IN order to prove its case, prosecution examined ten witnesses.