STATE OF PUNJAB Vs. JAGTAR SINGH

JUDGEMENT

(1.) Respondent had faced trial qua commission of offence punishable under Sections Section 13 (2) read with Section 7 of the Prevention of Corruption Act, 1988 (for short 'the Act') in FIR No. 30 dated 11.8.1999 registered at Vigilance Bureau, Ferozepur. Trial Court vide judgment dated 13.11.2002 ordered the acquittal of the respondent of the charges framed against him. Hence, the present appeal by the State.

(2.) Prosecution story, in brief, was that Baldev Singh, father of complainant Pritpal Singh owned 8 killas of land. Father of the complainant took a tractor loan from Faridkot Primay Co-operative Agriculture Development bank Ltd.Faridkot. In this regard, Baldev Singh had handed over copy of the jamabandi qua his land to the bank. Complainant was supervising the loan case of his father. On 10.8.1999, complainant met the respondent, who was working as a field officer. Respondent demanded Rs. 1,500/-as illegal gratification for issuance of draft in favour of Mohindera and Mohindera Tractor Agency. However, the deal was settled at Rs. 1,000/- On 11.8.1999, complainant along with Manjinder Singh approached the office of Vigilance department. Complainant handed over one currency note in the denomination of Rs. 500/- and five currency notes in the denomination of Rs. 100/- each to the Deputy Superintendent of Police, who returned the same to him after applying Phenol Phthalein Powder (P-Powder for short). 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 respondent on demand. Manjinder 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 respondent on demand. Thereafter, the raiding party left for the raid. Complainant as well as the shadow witness went inside the office of the respondent. Complainant handed over the tainted currency notes to the respondent on demand. Respondent 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 respondent, tainted currency notes were recovered from his right pant pocket. When the fingers of the respondent were dipped in a solution of sodium carbonate, the colour of the solution turned pink. When the right pant pocket of the respondent was dipped in a solution of sodium carbonate, the colour of the solution turned pink.

(3.) After completion of investigation and necessary formalities, challan was presented against the respondent. Charge was framed against the respondent for commission of offence punishable under Section 13 (2) read with Section 7 of the Act. Prosecution, in order to prove its case, examined nine witnesses.