NARINDER KUMAR MALHOTRA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT Narinder Kumar Malhotra has preferred the present appeal impugning the judgment and order dated 08.04.2002 passed by learned Special Judge, Patiala whereby he was convicted for the offences punishable under Sections 13(2) and 7 of the Prevention of Corruption Act, 1988 (for short, the 'Act') and sentenced to undergo rigorous imprisonment for two years, besides, pay a fine of Rs. 3,000/ - and in default thereof, to undergo rigorous imprisonment for three months for offence under Section 7 of the Act and to undergo rigorous imprisonment for three years, besides, pay a fine of Rs. 4,000/ - and in default thereof, to undergo rigorous imprisonment for four months for offence under Section 13(2) of the Act. Both the sentences were, however, ordered to run concurrently.

(2.) PROSECUTION was set in motion on the statement, Ex. PO. of complainant Krishan Lal PW7. He revealed that he submitted an application on 22.07.1997 Ex. PW6/A to the District Food and Supplies Controller (DFSC), Patiala for allotment of a licence for running a Fair Price Shop. This application was supported by a resolution, Mark 'A', of village Panchayat of Jeon Kalan. DFSC Patiala vide endorsement dated 30.07.1997, Ex. PW6/B directed the District Food and Supplies Officer (DFSO) Patran to submit a report in respect to the complainant's request. Report dated 24.10.1997, Ex. PW6/C was submitted after due enquiry. File was handed over to complainant who himself took the file to the Additional Food and Supplies Controller, Patiala but no action was taken on his request. Complainant met appellant -accused, Narinder Kumar Malhotra on 03.11.1997 and revealed the problem being faced by him in this matter.

(3.) HOWEVER , complainant did not wish to get the work done by giving the bribe. He talked about the matter with Chhajju Ram Mittal PW11 who advised him not to give bribe. Thereafter, the complainant alongwith PW11 Chhajju Ram Mittal approached PW10 DSP Chaman Lal, Vigilance Bureau Patiala on 04.11.1997. Complainant suffered statement Ex. PD. He handed over Rs. 5,000/ - in the form of ten currency notes in denomination of Rs. 500/ - each, Ex. MO/1 to MO/10 to PW10 DSP Chaman Lal. The said currency notes Ex. MO/1 to MO/10 were dusted with Phenolphthalein powder. Their numbers were recorded. The currency notes were handed over to complainant to be given to the accused on demand. It was ensured that the complainant was not in possession of any other currency. A solution was prepared by dissolving sodium carbonate in water which turned light pink when a piece of paper with phenolphthalein powder was dipped into it. Solution was drained away after explaining the same to the witnesses by demonstration. Memo Ex. PF. regarding solution was prepared.