LABH SINGH Vs. STATE

JUDGEMENT

(1.) This is appeal by Labh Singh. He has been convicted under Section 5(2) of the Prevention of Corruption Act, 1947 and sentenced to rigorous imprisonment for one year and to pay fine of Rs. 200/- or in default of payment of fine to further suffer rigorous imprisonment for three months. He has also been convicted under Section 161, Indian Penal Code and sentenced to rigorous imprisonment for one year. Both the substantive sentences of imprisonment are to run concurrently.

(2.) The appellant was working as Inspector in the Excise and Taxation Department and was attached to the Kalka Barrier. On December 13, 1967, the appellant was working near Panchkula in the District of Ambala. One of his duties was to inspect and check vehicles against evasion of payment of tax under the Punjab Passengers and Goods Taxation Act, 1952. The appellant had at that time along with him his peon Gurcharan Dass and Faquir Chand Constable. At 5.30 p.m. Subhash Chander, who was driving scooter rickshaw No. PNQ 2506, passed from the place where the appellant was present for checking the vehicles. Subhash Chander was returning to Chandigarh after dropping some passengers at Panchkula. The Inspector checked the scooter rickshaw. At the time the vehicle was checked, it was represented by the driver that it belonged to Smt. Shiksha Rani wife of Om Parkash. The Inspector told the driver that as his vehicle had entered the territory of Haryana State without a permit, he was liable to pay Rs. 560/- as tax from November, 1966 upto date. The appellate took into possession route permit of the vehicle, Exhibit P.B. He prepared challan in duplicate, Exhibit P.C. and P.C./1, for Subhash Chander being imposed penalty for commission of offence of non-payment of tax. Subhash Chander expressed his regret for violation of the law. The appellant told him that he could let him off, if he was prepared to pay him Rs. 72/- as bribe. In reply, the appellant was told by Subhash Chander that he was a poor man and could not afford to pay that amount. The amount payable was negotiated down to a figure of Rs. 40/-. When that sum of money was demanded by the appellant from Subhash Chander, the latter told the former that he had no money with him at that time. The appellant told him that he could contact him at his house in Chandigarh. The appellant is said to have informed Subhash Chander that if he would pay the amount to him as agreed, he would tear off the challan and return the permit to him.

(3.) The following day on December 14, 1967, Subhash Chander contacted his friend Sat Paul and met Ajit Singh. Sat Paul runs a shop of scooter repairs in Sector 21, Chandigarh. Ajit Singh was also present there as he had gone to the shop of Sat Paul for getting his scooter repaired. Subhash Chander informed them all about what had transpired with him and also about the demand of bribe of Rs. 40/ by the appellant. At 7.45 p.m., Sat Paul, who had served as a Constable with Krishan Lal, Deputy Superintendent of Police, took Subhash Chander and Ajit Singh to the latter. Statement of Subhash Chander incorporating the above facts was recorded by Krishan Lal. It is Exhibit P.D./1. Five currency notes Exhibits P-1 to P-5, three of Rs. 10/- each and two of Rs. 5/- each were initiated by Krishan Lal, Deputy Superintendent of Police. It was planned that Sat Paul would accompany Subhash Chander to the house of the appellant and would be introduced as the owner of the scooter rickshaw, that the money would be delivered by Sat Paul, that Ajit Singh would be close to him to see the payment of the currency notes, that after the payment, a signal as prearranged would be given by Sat Paul after the money had passed from him to the appellant and that the Deputy Superintendent of Police would arrive at the place of payment to effect recovery of the amount passed as bribe. In respect of the trap devised, the details were settled upto 8 p.m. The trap party proceeded towards the house of the appellant. The jeep of the Deputy Superintendent of Police, in which he went and the scooter driven by Subhash Chander were parked on a sideline going to Shashtri Market and joining the main road at which the house of the appellant abuts.