SATBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 01.09.2008 under Section 7 and 13 (1) (d) of Prevention of Corruption Act and order of sentence dated 03.09.2008 passed by Special Judge, Faridabad. The appellant has been sentenced to undergo 1 year under Section 7 and 3 years and fine of Rs.25,000/- under Section 13 (2) of Prevention of Corruption Act along with default clauses.

(2.) The prosecution story started on the basis of complaint made by Mahabir complainant/driver of truck who gave written complaint alleging that he had taken his truck from Mathura to Aligarh and was returning to Palwal. The truck was to be filled at Mahabir Transport, Palwal. His truck crossed Rahimpur bridge and entered Harayana where there was a sales Tax Barrier. A permit was required for 3 months for a total permit fee of Rs.1630/-. Accordingly, the said amount was offered to the accused who was Tax Inspector at the tax barrier. Instead of accepting the amount towards permit fee demand of Rs.2000/- allegedly made by Tax Inspector/appellant. The complainant refused, the permit was not given and a demand of Rs.360 over and above Rs.1630/- was made and then only this permit for three months would be released. The complainant did not want to pay the amount and wanted that a trap be set and official be caught red handed. Accordingly, written complaint was made by complainant Mahabir to the Superintendent of Police Rural Palwal on 01.12.2006. The said complaint was marked to DSP, Palwal and a raiding party was constituted. Sub Divisional Magistrate, Palwal was associated in the raiding party.

(3.) Complainant was given amount of Rs.2000/- which was signed by DSP and SDM and thereafter the same amount was handed over to complainant. Kali Charan conductor of the truck was nominated as shadow witness. The raiding party went in a truck followed by the police vehicle. Police vehicle was stopped at a distance at the barrier. Complainant and shadow witness Kali Charan proceeded further as directed. Money was paid and required signal was given. Raiding party reached at the spot and amount of Rs.2130/- was allegedly recovered. The hand wash was taken which was turned pink. The shirt pocket of the accused was also got washed and the solution turn pinkish. After necessary compliance accused was arrested and charges were framed for the offence under Section 7 and 13 (1) (d) of PC Act.