PARGAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PARGAT Singh son of Hari Singh, resident of village Galoli, Police Station Patran, District Patiala has filed this appeal against the impugned judgment and sentence order, both dated 19.2.2001 passed by Shri Birinder Singh, the then Special Judge, Patiala, in case FIR No. 35 dated 5.6.1996 under Sections 13(2) and 7 of the Prevention of Corruption Act, 1988. He was sentenced to undergo rigorous imprisonment for one year and to pay Rs. 2000/- as fine and in default of payment of fine to undergo further RI for one month under Section 7 and to undergo rigorous imprisonment for two years and to pay Rs. 3000/- as fine and in default of payment of fine to undergo further RI for two months under Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred as 'the Act'). Both the sentences were ordered to run concurrently. The amount of bribe of Rs. 1000/- was ordered to be retuned to the complainant.

(2.) THE facts of the prosecution case are that Pargat Singh - appellant at the relevant time was posted at Samana in the office of House Federation as Secretary and he was dealing with the loan cases pertaining to house loans with the public. PW6 (Kulwant Singh - complainant) had raised a loan of Rs. 1,35,000/- from House Federation for the construction of his house. He was released on 8.5.1996 the first instalment of loan of Rs. 66,300/-, which was utilised by him for the part construction of his house. He went in the office of House Federation at Samana to take the second instalment on 4.6.1996. The appellant had prepared the file of Kulwant Singh - complainant. He told Kulwant Singh - complainant that instalment would be paid to him if he paid him Rs. 1500/-. He demanded Rs. 1500/- as illegal gratification from Kulwant Singh - complainant for forwarding his file. He (complainant) agreed to pay Rs. 1000/- to the appellant. In fact, Kulwant Singh - complainant did not intend to pay any illegal gratification to the appellant and made false promise. He approached the Vigilance officials on 5.6.1996. PW8 Pritpal Singh Thind, the then DSP, Vigilance was present in his office at Patiala. Kulwant Singh - complainant accompanied by Jaswant Singh went to his office and apprised him of the demand of Rs. 1000/- as illegal gratification of the appellant. Pritpal Singh Thind, DSP recorded the statement of Kulwant Singh - complainant, which is Ex.PK. It was read over to him. He admitted it to be correct and signed it. Thereafter, Kulwant Singh - complainant produced currency notes worth Rs. 1000/- before Pritpal Singh Thind, the then DSP, Vigilance. Five currency notes were of the denomination of Rs. 100/- and ten currency notes were of the denomination of Rs. 50/-. Phenolphthalein powder was applied to the currency notes and after ensuring that Kulwant Singh - complainant had no other currency note with him, these were entrusted to him vide memo Ex.PB. Numbers of the currency notes were recorded in this memo, which was attested by Kulwant Singh - complainant and Jaswant Singh - shadow witness. Demonstration was given before PWs Kulwant Singh and Jaswant Singh. Some water was poured into a glass and sodium carbonate was put in it. The colour did not change. Thereafter, some phenolphthalein power was added in the water in the glass with a slip (piece of paper). Colour of the water turned pinkish. The water was thrown away and demonstration memo Ex.PM was prepared. Pritpal Singh Thind, DSP Vigilance made his endorsement Ex.PK/1 under the statement Ex.PK and sent the same to the Police Station Vigilance Bureau, Patiala and got this case registered. Ex.PK/2 is the copy of the FIR. Darbari Lal Inspector had scribed the FIR. Thereafter, Pritpal Singh Thind DSP alongwith Karam Chand ASI, Constable Ranjit Singh and other police officials as also Kulwant Singh - complainant and Jaswant Singh - shadow witness left for Samana. PW Ashok Kumar Registration Clerk was joined in the raiding party. Instructions were given to Kulwant Singh - complainant to accompany Jaswant Singh - shadow witness. Jaswant Singh - shadow witness was given instructions to hear the conversation between the appellant and Kulwant Singh - complainant and to give signal to the raiding party after the appellant had accepted the tainted currency notes. They all reached Gandhi Ground, Samana, wherein, the office of House Federation was located. As per instructions, PWs Kulwant Singh and Jaswant Singh went upstairs in the office of House Federation. Kulwant Singh - complainant approached the appellant. He demanded illegal gratification from the complainant and took him to a tea-shop near the office. Kulwant Singh - complainant handed over the tainted currency notes to the appellant. He counted them and put them in his pocket. PW Jaswant Singh - shadow witness saw the transaction. He gave signal to the raiding party. Raid was them conducted and the appellant was apprehended by Pritpal Singh Thind DSP, Vigilance, who disclosed his identity to the appellant. A glass of water was procured and sodium carbonate was put in it. Both hands of the appellant were got dipped into the said glass. The colour of the water turned pinkish. The hand-wash was poured into a nip, which the DSP sealed with his seal. It was taken into possession vide recovery memo Ex.PD, which was attested by PWs Ashok Kumar, Kulwant Singh and Jaswant Singh. Thereafter, Pritpal Singh Thind DSP conducted search of the appellant. Currency notes worth Rs. 1000/- were recovered from the internal front pocket of the pant of the appellant. The numbers of the recovered currency notes were compared with the numbers of the currency notes written in the memo Ex.PB. Those tallied. The currency notes were taken into possession vide recovery memo Ex.PC. Further search of the appellant was conducted. An amount of Rs. 25,000/- was recovered from the right side pocket of his pant. A Titan watch and one identity card were also recovered from him. These articles were taken into possession vide recovery memo Ex.PL. A trouser was arranged for the appellant and his pant was taken off. A glass of water was procured, in which sodium carbonate was added. The pocket of the pant of the appellant was dipped in the said water. The colour of the water turned pink. This water was put in a nip and the same was sealed by the DSP with his seal. The nip was taken into possession vide seizure memo Ex.PW. Site plan Ex.PO was prepared. The appellant produced the documents pertaining to the loan case of Kulwant Singh - complainant. These were taken into possession vide recovery memo Ex.PN. The appellant was brought to the police station, where he was confined. The case property was deposited with Head Constable Gucharan Singh.

(3.) AFTER obtaining sanction order, Ex.PH, from Shri M.P. Pandav, the then Managing Director of the House Federation, who was the competent Authority to prosecute the appellant, challan was put in the court for his trial.