OM PARKASH Vs. CENTRAL BUREAU OF INVESTIGATION (CBI)

JUDGEMENT

(1.) Om Parkash, who was Sub Inspector at the relevant time, was convicted and sentenced for the offences punishable under Sections 7 and 13 of the Prevention of Corruption Act. During the pendency of the appeal, he died and his legal representatives were impleaded in his place as they wanted to pursue the appeal because if the conviction was allowed to stand, the family would not get the service benefits of the deceased-appellant.

(2.) The case of the prosecution against the convict was that a complaint was made by Pawan Kumar before the Superintendent of Police, CBI that his vehicles were being used for transportation by Dainik Bhaskar Newspaper and one of the vehicles used to go daily to the Railway Station, Chandigarh. On the relevant day, i.e. 3.1.2005, the vehicle, which was going to Railway Station, had met with an accident in front of the Indian Express Office in Industrial Area, Chandigarh. When the complainant went for bail of the driver, Om Parkash, Sub Inspector demanded an amount of Rs.3500/- for that. The complainant resisted but he was told that the work would be done only if money was paid. He was directed to pay it on the same day at 4.00 pm and in case Om Parkash was not found present, he was directed to pay the money to Constable Sushil Kumar.

(3.) On the basis of the complaint, a raiding party was organized. Seven currency notes of Rs.500/- each, were given to the complainant, which were sprinkled with phenolphthalein powder.