VED PARKASH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant had faced trial in FIR No.7 dated 7.4.2005 under Sections 7,13(2)of the Prevention of Corruption Act, 1988 (for short 'the Act') registered at Police Station Vigilance Bureau, Phase- 1, Mohali.

(2.) Prosecution story,in brief, is that complainant-Ashok Kumar Lath approached the Deputy Superintendent of Police ('DSP' for short), Vigilance on 7.4.2005 and stated that he was working as a Contractor qua repair and maintenance of godowns. He had submitted tender on 17.2.2005 floated by Food Corporation of India for maintenance of godowns at village Balla and Adampur. He had visited the Office of the appellant on 14.3.2005 and 28.3.2005. Appellant had told the complainant that his tender was the lowest but further requested him to reduce the price. Complainant reduced the rates of his tender. On 6.4.2005 at about 7.00 p.m., the complainant met the appellant in front of the building of the Punjab Urban Development Authority. Appellant raised a demand of Rs.20,000/- for sanctioning the contract in favour of the complainant. The deal was settled at Rs.10,000/-. Complainant was asked by the appellant to meet him on the next day and sign the documents in the back date. Complainant approached the Vigilance Authority on 7.4.2005. DSP Vigilance organized a raid. Complainant handed over twenty currency notes in the denomination of Rs. 500/- each to the DSP. The said currency notes were returned by the DSP to the complainant after application of phenolphthalein powder (hereinafter referred to as P.Powder). Complainant was directed to hand over the said currency notes to the appellant on demand. Inspector-Manmohan Bakshi was appointed as a shadow witness and was directed to give a signal to the raiding party after the bribe money was accepted by the appellant on demand. Kaka Singh and Balwinder Singh were joined as official witnesses. Demonstration qua working of P.Powder was shown by the DSP to the witnesses. Thereafter, the raiding party left for the raid. Complainant and shadow witness went inside the office of the appellant,whereas, the DSP along with remaining members of the raiding party stayed behind. Complainant handed over the tainted currency notes to the appellant. Appellant kept the tainted currency notes in the drawer of his table. 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 a solution of sodium carbonate, the 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. The tainted currency notes were recovered from the drawer of the table of the appellant and were taken in possession.

(3.) After completion of investigation and necessary formalities, challan was presented against the appellant. Prosecution, in order to prove its case, examined ten witnesses.