MANGAT RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MANGAT Ram, Inspector in the Food and Supplies Department, Mukerian, District Hoshiarpur stands convicted under section 13(2) read with Section 7 of the Prevention of Corruption Act, 1988 (for short the 'Act') by learned Special judge, Hoshiarpur vide impugned judgment dated 15.5.1991 and has been sentenced to undergo RI for two years and to pay a fine of Rs. 1000/-, in default of payment of fine to further undergo RI for four months. Aggrieved by the impugned judgment of conviction and sentence he has preferred the present appeal.

(2.) THE appellant was Incharge of rural depots. The allegation against him is that Ram Chand the complainant PW8 who was running a depot in village Talwandi Kalan wanted the supply of kerosene oil for the months of August and September, 1990. He had already submitted the indent forms Ex. PK and PL in this respect. On 11.9.1990, he went to the appellant and requested him to supply kerosene oil to his depot for distributing the same to the consumers but the appellant made a demand of Rs. 300/- as bribe from him. It is then the case of the prosecution that Ram Chand told the appellant that he would come on the next date i.e. 12.9.1990 with the money. Instead, he alongwith Jagdish Kumar PW9 went to the office of Vigilance Bureau, Hoshiarpur and informed DSP Vigilance Satya Sarup PW11 about this demand who recorded his statement Ex. PM regarding the demand of bribe money and then the complainant gave him three currency notes of the denomination of Rs. 100/- each. DSP Satya Sarup then applied phenolphthalein powder (PP powder) to those currency notes and noted down its number in the memo Ex. PN. Thereafter those tainted currency notes were handed over to the complainant and he was directed to pay the said notes to the appellant on his demand whereas Jagdish Kumar PW9 was deputed as a shadow witness. DSP Satya Sarup gave the demonstration of the working of the said powder. Thereafter complainant Ram Chand and Jagdish Kumar went in a jeep to Mukerian where the jeep was parked near the godown. One constable was also sent to the police station for the registration of the case on the basis of statement Ex. PM made by Ram Chand. Ram Chand and Jagdish Kumar were sent to the room of the appellant whereas the remaining party stayed at some distance from the main gate of the office of the appellant. The case of the prosecution then is that the present appellant was found sitting in his room and he demanded bribe money from Ram Chand which was paid to him in the form of tainted currency notes of Rs. 300/-. The appellant held those currency notes in his hands and Jagdish Kumar gave a signal to the police party. DSP Satya Sarup reached the room of the appellant and on seeing the police party, the appellant threw away the tainted currency notes on a handkerchief which was lying on his table. He was apprehended by the DSP and then DSP offered himself to be searched by the appellant. The hands of the appellant were washed with a colourless solution of sodium carbonate and water and that solution became light pinkish. It was sealed in a nip Ex. P5 which was taken into possession vide memo Ex. PR. The currency notes Exs. P2 to P4 lying on the handkerchief from the table of the appellant were also taken into possession vide recovery memo Ex. PQ after tallying their numbers. The handkerchief of the appellant was also washed with the water and solution of sodium carbonate and it also turned to be pinkish. The solution was then sealed in a nip Ex. P5 and the nip alongwith handkerchief were also taken into possession vide memo Ex. PR. On personal search of the appellant, Rs. 407/-, one identity card, a wrist watch and a driving licence were recovered and the same were also taken into possession vide memo Ex. P5. Two indents Ex. PK and PL from a file which was lying on the table of the appellant and a register Ex. P7 were also taken into possession vide memo Ex. PT. All the memos were attested by Ram Chand, Jagdish Kumar, Pritam Singh AFSO (Assistant Food and Supplies Officer) and ASI Lekh Raj. The appellant was arrested and after the completion of the investigation, he was challaned in the present case.

(3.) THE prosecution in support of its case, has examined 11 witnesses in total. PW1 is Sardara Singh Assistant in the Food and Supplies Department. He has proved the sanction order Ex. PA accorded by the Director, Food and Supplies and Special Secretary to Government Punjab, Chandigarh. PW2 is Tarlochan Singh Assistant of the same Department who is also of formal character and has proved the appointment of the appellant. Similarly PW3 Roop Pal, Clerk, another official of the same Department has proved the posting of the appellant as Inspector at Mukerian. Statement of PW4 Romesh Kumar Walia, Sub inspector of the same Department is to the effect that complainant Ram Chand was given the licence Ex. PE for running the depot in which he could sell the kerosene oil as well. PW5 Constable Bhupinder Singh, PW6 Constable Nirmal Singh and PW7 Head Constable Surinderpal Singh have tendered their affidavits Ex. PG, PH and PJ respectively. PW8 is Ram Chand complainant who has reiterated the case of the prosecution against the present appellant. PW9 Jagdish Kumar the decoy witness has not supported the case of the prosecution and has categorically stated that he neither accompanied Ram Chand to the office of Vigilance Bureau nor to the office of the appellant. He has further stated that the appellant never demanded any bribe money from Ram Chand and no such bribe money was paid by Ram Chand in his presence. He was declared hostile and was cross-examined by Public Prosecutor. PW10 is Pritam Singh AFSO who has proved the register Ex. P7 maintained in their office for the supply of kerosene oil. He has further stated that after the Vigilance Bureau had conducted the raid he was called at the spot and DSP Satya Sarup PW11 had held the present appellant by his arms and thereafter other formalities like washing hands of the appellant with water and colourless solution of sodium carbonate were done in his presence. He also talks of recovery of currency notes lying on handkerchief and thereafter the handkerchief was also dipped in the water and solution. He also talks of the recovery of certain articles effected from the personal search of the appellant. All the memos were signed by this witness. PW11 Satya Sarup DSP is the Investigating Officer of this case. I need not enter into details so far as his part of investigation is concerned as the same has been described in the preceding paras.