RAKESH KUMAR GUPTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this common judgment, I dispose of the two connected appeals i.e. CRA-S-2319-SB-2017 titled as Rakesh Kumar Gupta vs. State of Punjab and another CRA-S-2335-SB-2017 titled as Ram Chander vs. State of Punjab, against the same judgment and order dated 30.05.2017, passed by learned Judge, Special Court, Ludhiana, vide which, Rakesh Kumar Gupta was convicted under Sec. 13(2) of the Prevention of Corruption Act and was sentenced to undergo rigorous imprisonment for four years in addition to fine of Rs. 50,000.00 and in default thereof, rigorous imprisonment for one year. Ram Chander @ Sonu was convicted under Sec. 8 of the Prevention of Corruption Act and sentenced to undergo rigorous imprisonment for two years in addition to fine of Rs.20,000.00 and in default thereof rigorous imprisonment for six months. The case property including the cash of Rs.34,86,600 was ordered to be disposed of under rules. However, one of the co-accused Anil Kumar Bawa was acquitted of the charges framed against him. For brevity, facts have been taken from CRA-S-2319-SB-2017.

(2.) Brief facts of the case are that DSP Gurcharan Singh Vigilance Bureaue, Ludhiana Branch (Punjab) received a secret information that accused Rakesh Kumar Gupta, who is posted as Motor Vehicle Inspector(MVI) at Ludhiana, holding the additional charge of Fatehgarh Sahib, is passing around 300 vehicles including public carriers, commercial vehicles and passenger vehicles every day at Ludhiana. The MVI personally or with the help of his officials do such inspection and passing work. For the purpose of passing, the vehicle has to be produced before him. However, Rakesh Kumar Gupta is passing the vehicle without production and without their inspection. In addition to the government fee, he also collects extra amount as bribe through his agents. Very few vehicles are produced before him. To manage such illegal work and to extract such gratification, he has employed some agents and who have opened many branches/offices in the city. One of the such office is working under the name and style 'Jai Mata Di' at Jawahar Nagar Locality, Ludhiana, where agent Ram Chander @ Sonu and Anil Kumar @ Bawa handle the work. These agents complete the paper work regarding passing of vehicles and collect money for it. They also keep the concerned officials record and registers in their office. It was further alleged that one Mini Maxi Cab bearing No.PB-10-CF-5057 was involved in an accident, regarding which, FIR No.23 dated 26.03.2012, under Sections 279, 337, 304-A of Indian Penal Code was registered at Police Station Khamano, District Fatehgarh Sahib against the owner. One person had died in the said occurrence. The vehicle was taken into policy custody and was released on superdari on 16.04.2012. Yet Rakesh Kumar Gupta (MVI) had passed this vehicle on 28.03.2012 when the said vehicle was still at police Station Khamano. The vehicle was patently passed without production, by collecting bribe through his agents. On the basis of the said secret information, the present FIR No.5 dated 18.07.2012 under Sections 7, 8, 12, 13(1)(D) read with 13(2) of the Prevention of Corruption Act, 1988 and under Sections 420, 467, 468, 471, 120-B and 201 of Indian Penal Code was registered at Police Station Vigilance Bureau, Ludhiana.

(3.) On the same day, Investigating Officer DSP Gurcharan Singh along with his police party conducted a raid and searched the house of the accused situated at H.No.307-C, Model Town Extension, Ludhiana. From the search, 36 stamps; seven electronic speed limiters; another pair of electronic speed limiters; 135 fitness certificates; registers/files relating to office of MVI and DTO; RCs; licenses; Computer; CPU; Monitor; LCD; Scanner; HP Key Board; Canon LBP 2400-V Printer; and Indian currency worth Rs.34,86,600.00 were taken into the possession vide separate memo. During the search, opium weighing 1300 Kgs was also recovered, regarding which, separate FIR No.82 dated 18.07.2012 under Sec. 18 of the NDPS Act was registered. Thereafter, the police party lead by Inspector Baldev Singh raided the shop of accused Ram Chand @ Sonu titled as 'Jai Mata Di' where indian currency notes of Rs.19800.00; mobile phone; RCs (which were yet to be deposited with the DTO office); 32 files; 19 old RCs (which were yet to be deposited); 85 learned licenses, which were to be converted into permanent/renewed; 18 RC Smart Cards; 5 Licence Smart Cards; 14 licences; 10 coloured photocopy licences and some other documents were also recovered. On 16.08.2012, one Car bearing No.PB-10-BU-0786 belong to Rakesh Kumar Gupta was recovered. On 17.08.2012, Lab Superintendent Amandeep Singh and Lab Superintendent Gurmukh Singh from G.N.E. College, Ludhiana joined the investigation, who extracted the Hard Disk Drive (HDD) from CPU of computer recovered from the house of accused Rakesh Kumar Gupta. The same was sent to the CFSL, Chandigarh on 24.08.2012 and it was returned due to paucity of staff and then again, it was sent on 05.10.2012. During investigation, it was found that vehicle No.PB-10-BU-0786 was in the custody of Khamano Police from 26.03.2012 till 16.04.2012. Statement of Ajay Pal Goyal/DW1 was recorded under Sec. 161 Crimial P.C. After the completion of investigation, challan was presented in the Court. Accused were chargesheeted under Sections 8, 13(1)(b) of the Prevention of Corruption Act and Sections 467, 468, 471, 201, 420, 120-B of Indian Penal Code on 31.08.2015 to which the accused pleaded not guilty and claimed trial.