S. GOPAL Vs. THE STATE

JUDGEMENT

(1.) THE Appellant, S. Gopal, who at the material time was Deputy Superintendent of Police, attached to the Criminal Investigation Agency of the Special Police Establishment. Delhi, has been convicted by the learned Special Judge, Delhi, of offences of corruption and criminal misconduct under Section 5(1)(b) and (d), read with Section 5(2) of the Prevention of Corruption Act, 1947 and Section 165 of the Indian Penal Code. He has been sentenced to rigorous imprisonment for one year and a fine of Rs. 2,000 on the first count and rigorous imprisonment for one year on the second count, the sentences to run concurrently. In default of payment of fine it has been directed that he shall undergo further rigorous imprisonment for six months.

(2.) THE learned Special Judge has given an exhaustive and detailed history of facts and the background of the case, but it is unnecessary to repeat the same. It would suffice to state the material dates and salient facts. The Appellant joined service as Sub -Inspector of Police in Madras State in 1941. He was promoted as Inspector of Police in 1949 -50. He came on deputation to the Criminal Investigation Agency of the Special Police Establishment in February. 1959 and joined as Deputy Superintendent of Police. A case had been registered by the Criminal Investigation Agency against some Railway Engineers and certain contractors as well as firms of South Eastern Railway in Bihar State in Nohamundi -Banspani. One of these firms of contractors was known as Messrs G.S. Atwal and Company, a proprietor of which was Surjit Singh Atwal, (hereinafter called "Atwal") a member of Parliament, according to the first information report registered in that case, the Engineers and the contractors had entered into a conspiracy and the former and their staff had abused their official position to cause pecuniary advantage to themselves and to the contractors by giving exaggerated figures and wrong classification of earth work whereby the latter got overpayments from the South Eastern Railway which exceeded the legitimate dues by a sum of about Rs. 18,00,000.

(3.) TOWARDS the last week of November, 1960, the Appellant started preparing the final report in the case which was being investigated by him and it appears that the report was submitted after some time. In February, 1961. Atwal made an application for the return of a number of documents which had been seized in the case. The Appellant made a report, dated 21st February. 1961, recommending their return subject to certain undertakings. On 4th March, 1961, the Government took a final decision on the report submitted by the Appellant in the case. It was decided to prefer a challan with regard to a District Engineer and an Assistant Engineer of the South Eastern Railway along with two firms of contractors. The other contractors including the firm of Atwal were to be excluded. On 7th April, 1961, the Appellant deposited a sum of Rs. 1,100 in his current account and on 14th July. 1961, a further amount of Rs. 2,000 was placed by him in fixed deposit in the name of his wife. On 11th August, 1961, a sum of Rs. 2,159 was credited to the current account of the Appellant by drafts. He also became the member of the Police Officers Co -operative House Building Society in Madras by paying a sum of Rs. 100 on 18th October, 1961. The first instalment of about Rs. 1,400 towards the price of a plot was paid by him in January, 1962. From January, 1962 to July, 1962 the Appellant was in possession of and used the Fiat Car of Atwal, without payment of any price or hire or any other compensation. This car at first bore the registered number B.R.R. 7118, but subsequently on the application of Atwal the number was changed to DLF 9996 on 20th August. 1962.