AMAR NATH Vs. STATE (C.B.I.)

JUDGEMENT

(1.) This is appeal against the judgment of conviction and order of sentence both dated 17.11.2005 passed by Special Judge, CBI, Chandigarh, whereby the appellant was convicted for the offence punishable under Sections 7 and 13 (1) (d) read with Section 13(2) of Prevention of Corruption Act, 1988 (for short-P.C. Act) and sentenced as follows:- Sr. No. Under Section Sentence.

(2.) Chand was running a shop at Mauli Jagran, Chandigarh, where he had a telephone connection No.550446, which was disconnected in the year 1999 due to non-payment of bill. Complainant deposited outstanding bill and penalty in the month of January and February, 2000 but his telephone was not restored. He went to Telephone Exchange, Manimajra and contacted the appellant, who asked him to come on the next date. On his asking, he visited him twice in the month of April, 2000. The appellant told him that to get his telephone connection restored, the complainant will have to pay Rs. 200/- as bribe. Complainant apprised the appellant that he did not have Rs. 200/- in his pocket at that point of time, at which appellant asked him to come at 4.00 p.m. on the same day. As the complainant was not willing to pay any bribe, he made complaint (Ex.PA) to CBI. From the office of CBI in the presence of an Inspector, complainant rang up the appellant, who again asked him to pay Rs. 200/- for restoration of his telephone connection.

(3.) On the direction of Superintendent of Police, CBI, Chandigarh, a team of CBI Officers was constituted to conduct the raid which comprised of Inspector M.L. Kaushal, Inspector Hawa Singh, Sh. M.K.Tiwari, SI Parveen Dubey, Constables Kishori Lal and Dharam Pal. Two employees from FCI i.e. S.K. Sharma and Devinder Khosla were also associated with the team. The complainant gave two currency notes of denomination of Rs. 100/- each to M.L. Kaushal, who treated the same with P-powder. Demonstration of reaction of Sodium Carbonate with P-powder was shown to the entire raiding team. Currency notes after recording their serial numbers were handed over to complainant with direction to give the same to the appellant on demand. A pre-trap memo to this effect Ex.PB was prepared. Surinder Kumar Sharma (PW3) was deputed as shadow witness with direction to accompany the complainant to hear the conversion regarding demand of bribe by the appellant and to give pre-appointed signal on the payment of bribe money to the appellant. Before leaving the CBI Office, the entire team was searched to ensure that nothing incriminating remained with any member of the team. Hands of all the members of the team were washed with soap and water and complainant was asked to greet the appellant from a distance with 'Namaskar' and not to shake hands with him. They departed from CBI Office in two Government vehicles and reached Telephone Exchange, Manimajra. Both vehicles were stopped at a distance of 200-250 yards from telephone exchange. Complainant and shadow witness went inside the telephone exchange and remaining members of the raiding party in the guise of general public went near the exchange one by one. At about 4.00 p.m., shadow witness came out of the room of appellant and gave pre-pointed signal at which Inspector M.L. Kaushal along with his team rushed towards the room of the appellant. Inspector Hawa Singh gave his introduction to the appellant and asked as to whether he had accepted the bribe. The appellant became nervous and admitted that he had committed the mistake. He was caught by Inspector M.L. Kaushal by holding his right hand wrist while Constable Dharam Pal caught his left hand wrist. Solution of sodium carbonate was prepared and fingers of right hand of appellant were dipped in the solution at which the solution turned pink. It was put in a quarter bottle (Ex.P4) and sealed with CBI seal. In another glass, solution of sodium carbonate was prepared and left hand fingers of appellant were dipped at which solution turned pink. The same was put in another quarter bottle (Ex.P5) and sealed with same seal. With the help of independent witness Devinder Khosla, personal search of the appellant was conducted and two currency notes of the denomination of Rs. 100/- each were recovered from the right hand side pocket of his pants. Serial numbers of the recovered currency notes were tallied with serial numbers mentioned in pre-trap memo (Ex.PB). After arranging a new pair of pants for the appellant, he was asked to remove his pants. Fresh solution of sodium carbonate was prepared in a glass and right side pocket of the pants, from which bribe money was recovered, was taken out and dipped in the solution, which turned pink. The same was poured in quarter bottle Ex.P6 and sealed. On further search of appellant, his identity card issued by DOT was recovered. All the above articles including the quarter bottles were taken into possession vide post-trap memo Ex.PC. The appellant was arrested and intimation was given to his relatives and superiors.