RAM SARUP Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant had faced trial in FIR No.43 dated 09.07.2002 under Section 7 read with Section 13(2) of the Prevention of Corruption Act, 1988 (in short 'Act'), registered at Police Station Vigilance Bureau, Ferozepur.

(2.) Prosecution story, in brief is that complainant was a practicing lawyer at District Court, Muktsar. He owned 10 killas of land. Complainant handed over an application to the appellant on 13.05.2002 after getting it marked from Deputy Collector, Abohar for amendment of warabandi. Appellant told the complainant that Ziledar has been transferred and new Ziledar would join in the near future and asked the complainant to meet him after 5/7 days. Appellant, however, continued dillydallying the matter on one pretext or the other. On 08.07.2002, complainant met the appellant at about 9.30 am in his office. Appellant raised a demand of Rs. 1500/- for doing the needful. The deal was settled at Rs. 1000/-. Complainant met the Vigilance Authorities on 09.07.2002. On the basis of the statement of the complainant, formal FIR was registered. Complainant handed over 10 currency notes in the denomination of Rs. 100/- each to Deputy Superintendent of Police (in short 'DSP') Vinod Kumar, who returned the same to the complainant after treating them with phenolphthalein powder (in short 'p.powder'). Complainant was instructed to hand over the said currency notes to the appellant on demand. Om Parkash was directed to act as a shadow witness and was instructed to give a signal to the raiding party after the bribe money was accepted by the appellant on demand. Demonstration of working of p.powder was shown to the witnesses. Thereafter, the raiding party left for the raid. Complainant and shadow witness went inside the office of the appellant. Appellant demanded the bribe money from the complainant and the complainant handed over the tainted currency notes to the appellant.

(3.) The tainted currency notes were kept by the appellant in his left pant pocket. On receipt of signal from the shadow witness, DSP along with remaining members of the raiding party reached the spot. When the fingers of the appellant were dipped in the solution of sodium carbonate, colour of the solution turned pink. The said solution was put in a nip and was made into a sealed parcel and was taken in possession. When the left pant pocket of the appellant in which the tainted currency notes were kept by 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 a sealed parcel and was taken in possession.