LAWS(P&H)-2023-1-212

GURCHARAN JAIDKA Vs. STATE OF PUNJAB

Decided On January 17, 2023
Gurcharan Jaidka Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) This order shall dispose off the above mentioned two petitions filed on behalf of Gurcharan Jaidka and Dharminderpal @ Bunty seeking grant of regular bail in a case registered against them vide FIR No. 19 dtd. 18/8/2022 under Ss. 7, 7-A of the Prevention of Corruption Act, 1988 (as amended in the year 2018) and Ss. 420, 465, 467, 468, 471/120-B IPC at Police Station Vigilance Bureau, Patiala, District Patiala.

(2.) The FIR was lodged pursuant to receipt of secret information by DSP Parminder Singh, Vigilance Bureau Unit, Sangrur on 18/8/2022 to the effect that Ravinder Singh Gill, Regional Transport Authority (RTA), Sangrur and Mohinder Pal, Motor Vehicle Inspector (MVI) had been 'passing' vehicles without physical inspection of such vehicles, though as per rules a vehicle could be passed only after physical verification. The information was further to the effect that the said officials had fixed bribe of Rs.2,800.00 for passing a commercial vehicle less than eight years old, for two years and Rs.1,800.00 for passing a vehicle more than eight years old, for one year and Rs.1,000.00 for a small commercial vehicle. It is alleged that about 24002500 vehicles were being passed in one month and as such, they were collecting a bribe amount of Rs.35.0040 lacs per month through various agents namely Dharminderpal, Deshmukh Goyal, Pawan Kumar, Jagjit Singh, Arhoit Garg, Neetu Walia, Nimma, Ajaypal Goyal, Amzad Khan and that the bribe amount was being taken by Gurcharan Singh Jaidka, Clerk, Jagsir Singh, Data Entry Operator and Sukhwinder Singh @ Lovepreet @ Sukhi. It is further alleged that the share in the bribe was also being taken by Sanjeev Kumar and Satnam Singh, who were working with RTA, Sangrur privately through Dharminderpal @ Bunti. The information was further to the effect that on the given day Dharminderpal @ Bunti had collected bribe from different agents and had come to the office of Motor Vehicle Inspector, Sangrur for getting files passed.

(3.) Pursuant to receipt of said information, a raid was conducted by the police party at the office of MVI, Sangrur situated in PRTC Workshop, Sangrur on 18/8/2022 and the record at the entry gate was checked and the security personnel Gurpreet Singh made a statement that no private commercial vehicle apart from the official buses had entered in the Workshop for the purpose of inspection and that no private commercial vehicle was seen coming inside the Workshop since the last several days. The officials of the Vigilance Bureau, upon entering the office of the MVI, found Dharminderpal @ Bunti, Jagsir Singh, Date Entry Operator and Gurcharan Singh Jaidka, Clerk who were interrogated by the police. During interrogation, they disclosed details of accused and the modus-operandi and also got recovered incriminating documentary evidence.