STATE OF BIHAR Vs. V D KUMAR

JUDGEMENT

(1.) THIS is an application in revision on behalf of the State of Bihar against an order dated the 31st July, 1991, passed by the special Judge, Dhanbad, in special case No. 5 of 1968, rejecting the privilege claimed by the petitioner -State, under Section 123 of the Evidence Act (hereinafter referred to as the "Act"), that certain documents called for by the accused -opposite party were unpublished official records relating to the affairs of the State and, as such, they could not be produced in court. The members of the opposite party are being prosecuted under Sections 161 and 120 -B of the Indian Penal Code and Section 5(2) of the Prevention of Corruption Act in Chirkunta P. S. Case No. 5(5) 68 which is pending for trial in the court of the Special Judge.

(2.) THE case of the prosecution, in short, is as follows : The anti -corruption department of the Government of Bihar received information that the officers posted at Chirkunda checkpost were indulging in corrupt practices and were freely taking illegal gratifications from the truck -owners and truck -drivers who passed through the said check post. After receipt of such information, officers were deputed to verify the said allegation. Ultimately, a raiding party was organised consisting of several officers, including a Magistrate, and they waited at the District Board Dak Bungalow at Capasora. A Sub -Inspector of Police, Anti -corruption Department, was asked to contact a few truck -owners and truck -drivers, who were asked to inform the raiding party about their grievances. One Shree Lachhmi Prasad of the firm Messrs, Chhotelal Gupta of Dinapore Cantt. appeared before the raiding party and filed a petition before Shree D.C. Sinha, Deputy Superintendent of Police, Anti -corruption Department, stating that the officers of the Chirkunda checkpost always realised illegal gratification at the rate of Rs 5 to Rs. 10 per truck under threat of harassment. Ultimately, a trap was laid and money illegally demanded by opposite party Nos. 2, 4 and 5 was paid by the aforesaid Shree Lachmi Prasad to accused -opposite party No. 5, which was subsequently recovered from his possession. Opposite party No. 5 Shree Jagdish Ram is said to be a peon of opposite party No. 1 Shree V.D. Kumar.

(3.) AN affidavit sworn by Shree S.K. Chatterjee, the then Additional Secretary, Appointment (Anti -corruption) Department, Government of Bihar, was filed on behalf of the State saying that he had seriously applied his mind to the contents of each of the documents aforesaid and had carefully examined the question as to whether their disclosure would injure public interest and that he was satisfied that the disclosure of each of the said documents would lead to public injury since they are unpublished official records and relate to the affairs of the State. On the above ground, privilege under Section 123 of the Act was claimed on behalf of the State.