DARSHAN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant was approached by Harbans Singh s/o Harnam Singh of village Sallapur on 18th May, 1984 for getting copies of Jamabandi and Khasra Girdwari for obtaining fertilizer loan. Tarsem Singh also came there in the Patwarkhana of the appellant and copies of Jamabandi and Khasra Girdawri were also required by him. Harbans Singh was asked by the appellant to give him Rs. 100/- for the copies but Harbans Singh told the appellant that at that moment he did not have that much amount and that this amount was not the legal fee for the copies. Thereafter the appellant demanded Rs.75/- from Tarsem Sing for supplying the copies and received that amount from him. Harbans Singh made entreaties to the appellant that he was a poor man and an amount of Rs.10/- or Rs.15/- would be enough for the said copies. Harbans Singh went back and on 23rd May, 1984 he came to Vigilance Bureau office at Gurdaspur with two currency notes of the denomination of Rs.50/- each. Harbhajan Singh, D.S.P. Vigilance Bureau met him in that office and Harbans Singh narrated the whole episode. His statement, Exhibit PA was recorded which in token of its correctness was thumb-marked by him. A Constable was sent by D.S.P. to bring some respectable person from outside and Dharam Singh P.W. was brought by the constable. Statement of Harbans Singh, Exhibit P.A. was actually recorded in the presence of this Dharam Singh P.W. Harbans Singh gave everything he had with him to Dharam Singh P.W. and produced the said currency notes, P1 and P2 before the D.S.P. who after putting initials thereon treated them with phenolphthalein powder and after giving demonstration regarding the effect of the said powder with sodium carbonate, the Deputy Superintendent of Police washed his hands with soap and then handed over those currency notes to Harbans Singh through recovery memo. Exhibit P.B. Harbans Singh was directed to contact the appellant and to hand over the said currency notes only on demand by the appellant and not to shake hands with him. Dharam Singh P.W. was directed to act as a shadow witness and see the passing on of the said currency notes by Harbans Singh to the appellant and hear the conversation which takes place between them. Dharam Singh P.W. was further directed to raise a signal after the appellant had accepted the aforesaid currency notes from Harbans Singh.

(2.) From the Vigilance Bureau Office, D.S.P. Vigilance. Harbans Singh, Dharam Singh and some Constable of that bureau went in a jeep and at Qadian near the Warehouse, the jeep was parked. Mehtab Singh, Lambardar of village Nangal was joined and he satisfied himself by searching the person of Harbans Singh that the latter had nothing on his person apart from those currency notes. Harbans Singh and Dharam Sing P.Ws. started on foot for village Bhaini Banger, to contact the appellant in the Patwarkhana there. The appellant was asked by Harbans Singh to supply him copies of the Jamabandi and Khasra Girdwari and thereafter the appellant asked Harbans Singh, if he had brought Rs.100/-. Harbans Singh replied in the affirmative and gave two currency notes of the denomination of Rs.50/-each to the appellant. These two currency notes were placed by the appellant on a chaddar lying spread on the cot and thereafter he placed some register on those currency notes and supplied him copies of the Jamabandi and Khasra Girdawari. Dharam Singh P.W. raised signal on which the D.S.P. Harbhajan Singh, Mehtab Singh Lambardar and Chaman Lal Driver of jeep and others came in the Patwarkhana. The person of the appellant was secured from his arms and D.S.P. disclosed his identity to him. Harbans Singh told the D.S.P. that the accused had placed the said currency notes,after having accepted from him, on the chaddar lying spread on the cot and had placed register on the same. D.S.P. gave his personal search to the appellant and the P.Ws. and then recovered the said currency notes, Exhibits P.1 and P2 lying beneath some register on the chaddar spread on the cot. Two glass tumblers containing water were brought and Chaman Lal, Driver of the jeep prepared solution of Sodium Carbonate into one glass tumbler and the appellant was made to dip fingers of his hands in that tumbler and the colour of the same became pinkish. The solution in the tumbler was put into a phial. D.S.P. prepared solution of sodium carbonate in the other tumbler and that portion of the chaddar touching the currency notes was dipped in that tumbler and the colour of the solution became pinkish. This solution was also put in another phial. Both these phials, Exhibits P.6 and P.7 were sealed. Currency notes Exhibits P.1 and P.2 copies of Jamabandi Exhibit P.3, Girdawari P.4 and Chaddar P.5 and Phials P.6 and'P.7 were taken into possession vide memo. Exhibit P.C. Sanction, Exhibit P.G. was obtained for prosecution of the appellant under S.5(2) read with S.5(1)(d) of the Prevention of Corruption Act 1947 and S.161, Penal Code, from Shri J. S. Maini, Deputy Commissioner, Gurdaspur, who is the appointing, removing and dismissing authority of the appellant and other revenue Patwaris. Phials, Exhibits P.6 and P.7 were sent to the Director, Forensic Science Laboratory, who vide his report Exhibit P.K. found that sodium ions, carbonate ions and phenolphthalein powder were present in the contents thereof.

(3.) After hearing the parties and perusing the documents on record, the appellant was charged under S.5(1)(d) read with S.5(2) of the Prevention of Corruption Act, 1947 and S. 161, Penal Code. The appellant pleaded not guilty and claimed trial.