NIRANJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant had faced trial in FIR No. 5 dated 8.3.2006 under Section 7 read with Section 13(2) of Prevention of Corruption Act, 1988 ('Act' for short), registered at Police Station Vigilance Bureau, Bathinda Range Bathinda.

(2.) Prosecution story, in brief, is that complainant Binder Singh had approached the appellant for obtaining the copy of the jamabandi as he required the same to avail loan limit from State Bank of Patiala, Branch Fatta Maloka after mortgaging the land of his share from the joint holding. Appellant raised a demand of Rs. 1500/- for doing the needful. The matter was settled at Rs. 1,000/- Thereafter, on the same day i.e. 8.3.2006, complainant approached the vigilance authorities. On the basis of the statement of the complainant, formal FIR was registered. Complainant handed over two currency notes in the denomination of Rs. 500/- each to Anil Kumar Sharma, Deputy Superintendent of Police (hereinafter referred as 'DSP'), who returned the said currency notes to the complainant, after treating the same with phenolphthalein powder ('P-Powder' for short). Complainant was instructed to hand over the said currency notes to the appellant on demand. Harcharan Singh was appointed as a shadow witness and was directed to hear the conversation between the complainant and the appellant and to give a signal to the raiding party after the bribe money was accepted by the appellant on demand. Vinod Singh and Harbans Singh were joined as official witnesses. Demonstration qua working of P-Powder was shown to the witnesses by the DSP. Thereafter, the raiding party left for the raid. Complainant and the shadow witness went inside the office of the appellant. When the complainant demanded copy of the jamabandi from the appellant, he (appellant) enquired from the complainant as to whether he had brought the money. When the complainant answered in the affirmative, then the jamabandi in question was prepared by the appellant. Complainant handed over the tainted currency notes to the appellant and he kept the same in his front shirt pocket. On receipt of signal from the shadow witness, DSP along with the remaining members of the raiding party reached the spot. 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 sealed parcel and was taken in possession. The tainted currency notes were recovered from the front shirt pocket of the appellant and the same were taken in possession. When the shirt of the appellant was 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 sealed parcel and was taken in possession.

(3.) After completion of investigation and necessary formalities, challan was presented against the appellant. Charge was framed against the appellant under Section 7 read with Section 13(2) of the Act.