SALINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant had faced trial in FIR No.23 dated 02.04.2003 under Section 7/13(2) of the Prevention of Corruption Act, 1988 (in short 'Act'), registered at Police Station Vigilance Bureau, Patiala.

(2.) Prosecution story, in brief, is that complainant Amarjeet Singh approached the appellant for obtaining copy of the jamabandi. In this regard, appellant raised a demand of Rs. 700/- for doing the needful. The deal was settled at Rs. 500/- Complainant approached the Vigilance Authorities along with Jasbir Singh. Deputy Superintendent of Police (in short 'DSP'), Vigilance organized a raid on the basis of the complainant moved by complainant Amarjeet Singh. Complainant handed over five currency notes in the denomination of Rs. 100/- each to the DSP who returned the same to the complainant after application of phenolphthalein powder ('p. powder')Complainant was instructed to hand over the said currency notes to the appellant on demand. Jasbir Singh was joined 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. Joginder Mohan Sharma and Dilbar Singh were joined as official witnesses. Thereafter, the remaining raiding party left for the raid. Complainant and shadow witness entered the office of the appellant. Appellant demanded the bribe money from the complainant. When the complainant replied in the affirmative, appellant took him and shadow witness to the adjoining room. Appellant took the currency notes from the complainant and after placing them in a handkerchief kept the same in the drawer of his table. On receipt of signal from the shadow witness, 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. The tainted currency notes were recovered from the drawer of the table of the appellant. When the handkerchief in which the tainted currency notes had been wrapped was 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.

(3.) After completion of investigation and necessary formalities, challan was presented against the appellant.