RAGHU NATH BANSAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal preferred by appellant against the judgment and order dated 2.9.2003 passed by Shri Udey Singh Gera, learned Judge, Special Court, Faridkot vide which appellant has been convicted under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter mentioned as - the Act) and sentenced him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 1000/- and in default of payment of fine to further undergo rigorous imprisonment for three months under Section 7 of the Act and further sentenced him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 1000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of three months under Section 13(2) of the Act.

(2.) THE case of the prosecution in brief is that the electric meter, which is in the name of father of complainant-Malkiat Singh was out of order for the last about 8-9 months (before the incident) and the Electricity Board used to charge excess bill on average basis. The complainant moved applications to change his meter to the Sub Divisional Officer, (in short-SDO), Punjab State Electricity Board, Doda (in short-PSEB) and also made oral requests but of no use.

(3.) JAGDISH Singh, Senior Assistant, official witness joined the police party after seeking necessary permission by the DSP. Thereafter, PW Malkiat Singh and Karnail Singh were sent to the office of the accused and on receipt of the signal from Karnail Singh, the DSP along with the police party went inside the office of the accused and introduced himself and disclosed the purpose of raid. On the directions of the DSP, the accused took out his wallet from the back pocket of his pant and handed over the same to him and on opening it by the DSP, the tainted currency notes were recovered. Said DSP with the help of Jagdish Singh PW, tallied the number of the currency notes with the previous memo and found the same and thereafter the DSP took these currency notes into possession. The DSP prepared a solution of sodium carbonate in water and asked PW Jagdish Singh to dip his hands therein but the colour of the solution did not change and thereafter when the accused dipped his hands in the said solution then the colour of the solution changed into light pink. The solution was put into a nip and the nip was duly sealed with his seal bearing impression HSS over which signatory slip of PW Jagdish Singh was affixed and the sample seal was also prepared and the same were taken into possession vide memo Ex.PJ. The accused was arrested. Statements of the witnesses were recorded. The sanction to prosecute the accused was obtained and after completion of necessary investigation, the accused was then sent up for trial.