STATE OF PUNJAB Vs. KARNAIL DASS

JUDGEMENT

(1.) THIS is an appeal directed by the State of Punjab against the judgment dated 17.7.2003 passed by Sh. J.S. Chawla, Special Judge, Moga, vide which the accused -respondent Karnail Dass was acquitted of the charge under Sections 7, 13 (2) of the Prevention of Corruption Act, 1988, framed against him.

(2.) THE brief facts, as gathered from the record of the case, are that on 23.1.1998, Baljinder Singh complainant made statement before Babu Singh, DSP Vigilance Bureau, Moga stating that in the year 1993 he had taken loan of Rs. 15,978/ - from the Cooperative Society of his village Sahoke for agriculture purpose and on 25.5.1994 he returned Rs. 16,910/ - including interest to the society. He deposited the aforesaid amount with Gurdial Singh, Salesman of the society and obtained receipt from him. He had received a notice dated 28.10.1991 from Karnail Dass, accused, who was working as Inspector Cooperative Society, Moga for return of Rs. 320,090/ - against the said loan. He met Karnail Dass accused Inspector in the office of Cooperative society, who told him that he had been appointed as arbitrator in case of his non -payment of loan amount. On 21.1.1998 he again met Karnail Dass accused and enquired about his work and asked him that he was not at fault because Gurdial Singh Salesman had failed to make entry regarding payment of loan. On this Karnail Dass accused asked him that he has to deposit the demanded amount, otherwise he should pay Rs. 5,000/ - as illegal gratification to him for doing his work. He further requested that he is a poor person, but Karnail Dass accused became adamant and agreed to receive Rs. 4,000/ - as illegal gratification. He asked the accused that he was not having the money and he had to wait. On this Karnail Dass accused asked him that he would decide the case in his favour but would give photostat copy of the same after receipt of illegal gratification, which he should bring on 23.1.1998. Then the complainant came back to Baghapurana and at the bus stand he met Nachhattar Singh, to whom he told the incident, who advised him that the Inspector should be got apprehended.

(3.) ON 23.1.1998, the complainant alongwith Nachhattar Singh with Rs. 4,000/ - came to the office of Vigilance Bureau, Moga, and met Babu Singh DSP. He handed over six currency notes of the denomination of Rs. 500/ - each and 10 currency notes of the denomination of Rs. 100/ - each to DSP Babu Singh, who noted their numbers and after applying phenolphthalein powder, returned the same to him. A memo to this effect was prepared which was attested by him and Nachhattar Singh. Then he directed Baljinder Singh complainant to hand over the bribe amount to Karnail Dass accused on his demand and Nachhattar Singh shadow witness to over hear their conversation and give a signal to the police party when the amount of illegal gratification was accepted by the accused. After recording the statement of the complainant, formal FIR was registered.