TARA SINGH Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) TARA Singh, who was working as a Sub -Inspector in the office of the District Food and Supplies Controller, Hissar, has been convicted under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500, or, in default, to further undergo rigorous imprisonment for three months by the learned Special Judge, Hissar. Tara Singh has filed this appeal.

(2.) SUCCINCTLY the facts of the case are that Tara Singh Appellant, who was working as a Sub -Inspector in the office of the District Food and Supplies Controller, Hissar, used to purchase wheat from Hissar Mandi for the Government. On 16th May, 1972, Jai Singh of village Kharrar Alipur had brought 80 quintals of wheat for sale at the shop of Co -operative Society in Hissar Mandi. On that day the wheat was to be purchased by the Food Corporation of India. As the wheat of Jai Singh was not of first quality, "the employees of the Food Corporation of India refused to purchase the same. The next day, i.e., 17th of May, 1972, was fixed for the purchase of wheat by the Food and Supplies Department. Tara Singh Appellant came to the Mandi at about 10 A.M. and asked Jai Singh to remove the foreign matter from the wheat. Jai Singh got the wheat cleaned but even then it was rejected by Tara Singh Appellant. Tara Singh again asked him to get the wheat cleaned and he did so twice or thrice but even then it was not purchased by the Appellant. Ultimately Tara Singh Appellant asked Jai Singh that his wheat could be purchased if he would pay Rs. 1.50 ps. per quintal by way of bribe. Saying this Tara Singh Appellant went away. After sometime Dalip Singh, son of Jai Singh came in the Mandi and learnt that the Appellant was demanding bribe. Dalip Singh also approached the Appellant and the latter repeated his demand. Dalip Singh told the Appellant that he would give him Rs. 100 forthwith and the remaining amount would be paid later and saying this he first went to his father and then left the Mandi. In the meantime the Appellant came to the shop of the Co -operative Society and directed Mohar Singh, Labour Contractor to weigh the wheat of Jai Singh and to fill it in the bags.

(3.) BAKSHI Amolak Ram, Deputy Superintendent of Police joined Mange Ram and Chhaju Ram. Dalip Singh handed over one currency note of the denomination of Rs. 100 to the Deputy Superintendent of Police. The Deputy Superintendent of Police initialled the currency note and after taking personal search of Dalip Singh handed over the same to him and prepared memo Exhibit P.W. 3/2, which was attested by Mange Ram and Chhaju Ram, P.Ws. The Deputy Superintendent of Police instructed Dalip Singh to hand over the marked currency note to the accused and to give a signal by placing his hand over his head after the money was passed. Mange Ram was directed to act as a shadow witness to watch and overhear what transpired between the accused and Dalip Singh and then to give a signal to the police party. Thereafter they all boarded a jeep and went to a street connecting Lona Mandi and Anaj Mandi. Dalip Singh along with Mange Ram proceeded towards the spot while the other members of the party stayed behind. The accused was present near the wheat of Jai Singh which at that time was being filled in bags. Dalip Singh met the accused and on demand handed over the marked currency note to him. The accused put that note in the right hand side pocket of his pants. Dalip Singh gave a signal and on seeing the same the shadow witness passed on the signal to the police party. The Deputy Superintendent of Police and the party came to the shop of the Co -operative Society. Mange Ram also accompanied them. The Deputy Superintendent of Police disclosed his identity to the accused and told him that he wanted to search his person in connection with a case under the Prevention of Corruption Act. After giving his search, the Deputy Superintendent of Police searched the right hand side pocket of the accused and recovered the currency note. The number of the currency note recovered tallied with the number of the currency note mentioned " in the memo Exhibit P.W. 3/2. The currency note was taken into possession, - -vide memo Exhibit P.W". 3/3. The person of Dalip Singh was also searched and memo Exhibit P.W. 3/4 was prepared. The accused was arrested and from his personal search currency notes worth Rs. 460 and some papers were recovered and the same were taken into possession, - -wide memo Exhibit P.W. 10/1. The Deputy Superintendent of Police recorded the statements of the witnesses. The accused and the base property were then taken to the police station. Sanction Exhibit P.W. 6/3 for the prosecution of the accused was obtained from the Director, Food and Supplies, Haryana. After necessary investigation of the case, the accused was challaned.