JEET SINGH Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This is appeal against the judgment of conviction and order of sentence both dated 31.01.2004 passed by Special Judge, CBI, Punjab at Patiala, whereby the appellant was convicted for the offence under Sections 7 and 13 (1) (d) punishable under Section 13(2) of Prevention of Corruption Act, 1988 (for short-P.C. Act) and sentenced as follows:-

(2.) On reaching the telephone exchange, complainant could not find Jeet Singh and was told by Jagdev Singh security guard that he might have gone to attend some complaint. On a telephone call made by Jagdev Singh, Jeet Singh came to the telephone exchange. The complainant took him aside and as settled, handed over tainted money to him, which was counted by the appellant and put in rear pocket of his pant. Nachhattar Singh flashed the settled signal at which raiding party rushed inside the telephone exchange. Appellant was directed to remain sitting on the chair. On seeing the raiding party, he took the tainted money and put it in the drawer of his table. The hands of the appellant were washed in a solution of sodium carbonate and colour of which turned pink. The solution was poured in a nip (Ex.P6) and was sealed with seal bearing impression 'BS'. Hand wash memo Ex.PW1/E was prepared. The appellant took out the tainted currency notes from the drawer of his table which were taken into possession vide recovery memo Ex.PW1/C. Serial numbers of the recovered currency notes were tallied with serial numbers mentioned in handing over memo. Appellant was asked to remove his pants and rear pocket of the pants was washed in a clear solution of sodium carbonate, colour of which turned pink. The pink solution was poured in the nip Ex.P7 and sealed with seal bearing impression 'BS'. A separate parcel of the pant (Ex.P8) was prepared and sealed with same seal impression. Pocket wash memo Ex.PW1/D was also prepared. Personal search of the appellant was conducted vide personal search memo Ex.PW1/F and he was arrested. House of the appellant was also searched but nothing incriminating was recovered. The investigation of the case was later on entrusted to ASI Dharamdev Negi PW11, who after receipt of the report of FSL (Ex.PW11/2) and sanction for prosecution of the appellant-accused, submitted the final report in the Court.

(3.) Finding a prima facie case, charge for the offence under Section 7 and 13(1)(d) punishable under Section 13(2) of P.C. Act, was framed against the appellant-accused to which he pleaded not guilty and claimed trial.