PURAN CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Kasturi Lal P. W. 1 had purchased some trees from one Naresh Kumar alias Papu for an amount of Rs. 4400/- and a receipt Exhibit P.A. was obtained by him. Kasturi Lal P.W. 1 went to the place and had cut 13 trees on 1st of Aug., 1984 and 13 trees were yet to be cut. At about 4-5 p.m. on that day, Puran Chand appellant came there and asked Kasturi Lal P. W. 1 if he had any permit from the Forest Department. The appellant was told by Kasturi Lal P.W.1 that it was for the first time that he had done this and that he was not aware of any requirement of obtaining such permit. The appellant asked Kasturi Lal P. W. 1 to grease his palm with a bribe of Rs. 250/- if he had got no permit from the Divisional Forest Officer and in that way the trees already cut and the remaining trees after being cut could be lifted from the place. The appellant was told by Kasturi Lal P. W. 1 that he had no money with him at that time and in any case he would 6e coming with Rs. 250/- on the following day and cut the remaining trees and thereupon P. W. 1 was allowed to lift the trees already cut and he brought those cut trees to Dina Nagar and sold them away. Kasturi Lal P. W. 1 did not intend to give bribe and on 2nd Aug., 1984 he came to Gurdaspur where Shri Piara Singh, Inspector, Vigilance Bureau in his office met him. One Sardari Lal was called by the Inspector in his office and Kasturi Lal P. W. 1 narrated the whole sequence of events on which Shri Piara Singh, Vigilance Inspector reduced into writing his statement vide Exhibit P. B. Two currency notes of the denomination of Rs. 100/- each, Exhibits P. 1 and P. 2 and one currency note of the denomination of Rs. 50/-, Exhibit P. 3 were produced before the Inspector who treated the same with phenolphthalein powder and put his initials thereon. The Inspector gave a demonstration to the P. Ws. about the effect of contact of phenolpthalein powder with sodium carbonate. A personal search of Kasturi Lal P. W. 1 was effected and whatever was found on his person was got delivered to Sardari Lal P. W. After nothing having been left with Kasturi Lal P. W. 1, the Inspector delivered him the currency notes, Exhibits P. 1 to P. 3 through a memo Exhibit P. C. which was attested by Kasturi Lal himself and Sardari lal P. W. Sat Pal, Naib Office Kanungo from Tahsil Office, Gurdaspur was called and was joined in the raiding party. This Sat Pal compared the numbers of currency notes Exhibits P. 1.to P. 3 with those entered in the memo Exhibit P.C. and attested the said memo after satisfying that the numbers of the currency notes tallied with each other. Kasturi Lal P. W. 1 was directed to hand over these currency notes to the appellant only on demand made by the latter and not otherwise. He was further directed not to shake hands with the appellant. Sardari Lal P. W. 8 was directed to act as shadow witness and to hear the conversation which takes place between P. W. 1 and the appellant and further witness the passing on of currency notes Exhibits P. 1 to P. 3 by P. W. 1 to the appellant. Sardari Lal P. W. 8 was further directed to raise signal by touching his head with his hands after the appellant had accepted the bribe money.

(2.) At about 11 or 11.15 a.m. Kasturi Lal, Sardari Lal, Sat Pal, Piara Singh Inspector and others went to Taragarh in a jeep which was parked in front of the School there. Kasturi Lal and Sardari Lal P. Ws. went ahead on foot towards Baknaur chauk. At a place in the chauk, the appellant was found sitting on a cot in front of a shop. On the currency notes having been given by Kasturi Lal P. W. the appellant accepted the same and put the same in the pocket of his shirt worn by him. Sardari Lal P.W. raised signal which attracted Sat Pal etc. to the spot. The raiding party came to the spot and Shri Piara Singh, Vigilance Inspector disclosed his identity to the appellant whose person was searched by the Inspector after Sat Pal P.W. had searched the person of the Inspector. Currency notes Exhibits P. 1 to P. 3 were recovered from the 1 pocket of the shirt worn by the appellant along with two other currency notes, that is, one of the denomination of Rs. 50/- and the other of the denomination of Rs. 20/-. Sat Pal P. W. prepared the solution of sodium carbonate in a tumbler containing water. Currency note, Exhibit P. 4 was put in that solution and the colour of the solution became pinkish. This solution was put in a phial. Another solution of sodium carbonate was prepared in another tumbler in which the appellant was made to dip the fingers of his hand and the colour of the water became pinkish and this solution was also put in a phial. Thereafter another solution of sodium carbonate was prepared in another tumbler and pocket of the shirt worn by the appellant was dipped therein and the colour of the solution became pinkish and this solution was also put into phial. All these phials were sealed, and shirt was taken into possession vide a parcel. Currency notes P. 1 to P. 3, P. 4, Phials P. 5 to P. 7, shirt P. 8 were taken into possession vide Exhibit P. D. attested by the P. Ws. At the time of the recovery of tainted currency notes from the possession of the appellant and the preparation of the hand wash etc., one Parshotam Raj was also present and he attested the recovery memo Exhibit P. D. After obtaining the sanction, Exhibit P. D., for prosecuting the appellant, from Divisional Forest Officer, Forest Division, Pathankot under S. 5(2) of the Prevention of Corruption Act read with S. 5(1)(d) thereof and S. 161, Penal Code Phials were sent to Director, Forensic Science Laboratory for chemical examination and vide his report, Exhibit P.O. sodium ions and carbonate ions and phenolphthalein were found present in the contents of these phials. The appellant was challaned under the said sections, after investigation.

(3.) After framing the charge under the said sections, the prosecution examined Kasturi Lal P. W. 1, Sat Pal, Naib Office Kanungo, Tahsil Office, Gurdaspur P. W. 2, Harbans Lal, Clerk D.F.O's Office, Pathankot P. W. 3, Parshotam Raj P. W. 7, Sardari Lal P. W. 8 and Piara Singh, Inspector, Vigilance Bureau, Gurdaspur P. W. 9 and Naresh Kumar P. W. 4. H. C. Sansar Chand P. W. 5 and Constable Bua Ditta P. W. 6 were examined on affidavits. Report Exhibit P.O. was tendered into evidence.