SATINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN order to challenge his conviction and sentence under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act') vide judgment and order dated 24.10.1994 passed by the Special Judge, Kapurthala, Satinder Kumar accused has filed the present appeal.

(2.) AS per the prosecution version, Gurcharan Dass son of Mehar Chand resident of Kapurthala (hereinafter referred to as 'the complainant') was depot holder of village Gopipur, who used to be supplied ration every month for distribution amongst the ration card holders of the village. Satinder Kumar Sharma, who was posted as Inspector in the Food and Supplies Department at Kapurthala (hereinafter referred to as 'the accused'), demanded Rs. 700/- on 1.2.1993 when the complainant approached him for supply of the ration for the month of February, 1993 for distribution amongst the ration card holders. According to the prosecution the deal was settled at Rs. 500/-. Thereafter the complainant along with his friend Tarjan Kumar PW approached Mr. Amrik Singh, DSP (Vigilance), who recorded his statement (Ex. PQ). The complainant handed over 5 currency notes of the denomination of Rs. 100/- each to the DSP. Phenolphthalein powder was applied to the currency notes and the same were returned to the complainant. The DSP noted down the numbers of the currency notes with him. Raid was arranged and Mohinder Singh, Panchayat Secretary, was summoned and joined in the raiding party. The complainant was instructed to handover the currency notes to the accused and Tarjan Kumar was instructed to act as a shadow witness and was asked to give a signal to the raiding party when the money was passed on by the complainant to the accused. The complainant and Tarjan Kumar went to the office of the accused. The complainant requested the accused to do his work. The accused demanded from him Rs. 500/- as per commitment already made. On demand having been made, the complainant handed over the tainted currency notes to the accused. Immediately, thereafter on the signal given by the shadow witness, the DSP along with other members of the raiding party rushed to the place where the accused was sitting and introduced himself to the accused. Solution of water and sodium carbonate was prepared in a glass into which the accused was made to dip his fingers. The colour of the solution turned light pink. The solution was transferred into a nip (Ex. P-6), which was sealed by the DSP with seal M.S. and was seized vide Memo. Ex. PL. Search of the accused was conducted by the DSP and all the tainted currency notes (Ex. P-1 to Ex. P-5) were recovered from the inner pocket of the coat and the same were taken into possession vide Memo. Ex. PN. The coat of the accused was got removed. Again solution of water and sodium carbonate was prepared wherein pocket portion of the coat was dipped. The colour of the solution again turned light pink. The solution was collected in another nip (Ex. P11) which too was sealed with the same seal 'M.S.' Recovery memo. Ex. PM was repapred. Two indents Ex. PR and Ex. PS, which were lying on the table of the accused, were also taken into possession as per Memo. Ex. PO. Rough site plan of the place (Ex. PD) with its marginal notes was prepared by the DSP. Statements of the witnesses were recorded. Attendance register (Ex. P-9) showing the presence of the accused in the office was also seized vide Memo. Ex. PU. necessary sanction (Ex. PG) for the prosecution of the accused was obtained. Challan was presented in the court and the accused was charge-sheeted under Section 7 read with Section 13(2) of the Act. The accused pleaded not guilty.

(3.) WHEN examined under Section 313, Cr.P.C., the accused denied the prosecution allegations and pleaded not guilty. He further stated that the depot of the complainant did not fall within his jurisdiction as Pritam Singh Inspector was concerned with that. He also stated that in February, 1993 there was no indent system to release the quota of sugar and kerosene oil as the same had been abolished in 1986. The complainant had not contacted him on 1.2.1993 or prior to that. He did not demand any illegal gratification from the complainant and there was no question of his accepting the bribe money. The accused further stated that the complainant had transferred his depot to his son and complaints were received with regard to that and on these allegations his depot was likely to be cancelled. With this background, the complainant had come to his office and tried to forcibly put some money in his pocket and when he was resisting, the police came there and involved him in this false case. In his defence, the accused relied upon the statement of Mohinder Pal Singh Clerk of his office. According to Mohinder Pal Singh, ration to the depot holder was not supplied on the basis of the indent because the same was provided as per quota of the ration cards. The Assistant Food and Supplies Officer (for short 'AFSO') issued slip indicating the quota of the ration every month. The indent system was discontinued in the year 1986 as per letter dated 7.11.1986, copy of which is at Ex. DA.