N.K.GUPTA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant was tried for offence under section 5 (1) (e) read with section 5 (2) of the Prevention of Corruption Act, 1947 (hereinafter the Act) by Special Judge, Solan and Sirmour Districts at Nahan who by his judgment dated 17 9 -i98f24 9 -1987 convicted the appellant and sentenced him to undergo rigorous imprisonment for one year and pay fine of Rs. 1,00,000. In default of payment of fine, the appellant was further ordered to suffer rigorous imprisonment for 6 months Through this appeal, the appellant has questioned his conviction and sentence.

(2.) The facts that emerge from the prosecution case may be briefly stated : - 3 The appellant was employed as Range Officer in the Forest Department and in and around the year 1981 he was posted Range Officer of Dharampur Forest Range, District Solan. Shri Guru Datt (PW 10) of Dharainour a political worker of Communist Party of India in the year 1981 addressed a complaint (Ext. PW 10/A) to the Forest Minister of Himachal Pradesh levelling charges of illicit felling of trees in the area of Dharampur Forest The allegations made in the said complaint were that the appellant was posted in the said range for the last about 5 years, and that he Towned property worth more than his known sources of income i e. to say house worth over Rs 8,00,000 near Sunder Cinema at Solan, fetching monthly rent over Rs. 5,000 ; 60 Bighas of land at Chhaila, District " Shimla with telephone facility in the cottage standing on the orchard and luxurious items like Fiat Car, Motor bike and television etc. It was further alleged that the appellant was responsible for destruction of green Chil belt around Dharampur and also in Barog range and that he had managed to stay at Barog Range -Dharainpur inspite of the fact that his transfer was ordered thrice by the authorities The said complaint was forwarded to the Anti Corruption Unit at Solan by the office of the Deputy Inspector General (Vigilance) and pursuantly, preliminary inquiry was conducted which revealed that the appellant had constructed a building known as Aradhna at Solan and the cost of construction of which was assessed to the tune of Rs 6,06,500 by the Executive Engineer, Public Works Department. An amount of Rs 20,000 was found to have been spent towards the price of the land underneath the house, besides Rs. -11,640 for furnishing thereof, it was further noticed that the accused did obtain permission from his department for expending Rs 1,10,000 for the construction of the house, but in his own assessment an amount of Rs. 3,50,000 was shown to have been expended towards the construction of the house. It was also found that land measuring 414)1 Bighas was purchased by the appellant in the year 1972 for Rs S.,500 in the name of his wife, Smt, Himachali Gupta and had also purchased 526 square metres of land in the year 1971 at Sundernagar District Mandi for Rs 2,000. Further that he was having luxurious items in his possession which were disproportionate to Ids known sources of income. Consequently, Shri Balbir Singh, Deputy Superintend eat of Police (PW H), Anti Corruption Unit Solan submitted his inquiry report (Ext. PW V/A) dated 23 -7 -1983 on the basis of which F. I R. No/2 of 1983 (Ext PW 17/fl) came to be registered on 3 -8 -1983 at Anti Corruption Unit, Solan.

(4.) During investigation a residential portion of the house of the appellant was searched on 19 -8 -1983 and various items like Fridge, Television, Record -player, Washing Machine, Geyser, Radio, Tow -in -one, Pistol, gold ornaments, utensils of silver (2000 grams) and other articles of furniture were found lying therein An inventory (Ext PW 2/A) in that behalf was prepared, Various documents like photostat copy of the sale deed, blue print of the said building, assessment report relating to the building etc. were produced by the appellant which were also taken into possession vide Memo Ext, PW 2/B Further, investigation revealed that total amount which the appellant could possibly save during the relevant period was to the tune of Rs. 30 000 including the returns from the property. He had withdrawn Rs 9,000 from General Provident Fund and also obtained building advance of Rs. 80,000 and received rent and advances of Rs. 29,800 besides loan from the Life Insurance Corporation amounting io Rs. 5,900 and financial aid from the relatives to the extent of Rs, 52,000 and another amount of Rs, 7,000 by sale of motor cycle in the year 1981. It was also revealed that an amount of Rs, 46,300 was shown to have been contributed by the wife of the appellant in the year 1981 and another sum of Rs, 90,000 towards the construction of the 2nd floor of the said building out of her income from the orchard and other sources duly shown in the return. The total amount of the income came out Rs. 3,50,000 The value of the house assessed by the expert, cost of land underneath the same, value of furnishing as well as amount spent for purchasing plot of land at Sundernagar (District Mandi), amount spent for purchasing another piece of land at Chhaila (District Shimla), and a motor cycle, amount lying in fixed and Saving Bank Accounts and also the value of the articles found lying in the residential house was found to the extern of Rs 7,41,740. Thus, it was found that the appellant owned and possessed property disproportionate to the known sources of income to the extent of Rs 3,91,740. After the completion of investigation charge -sheet was laid before the Special Judge. The appellant pleaded not guilty to the charge and claimed to be tried.