STATE THROUGH CBI Vs. AJAY MAHAJAN

JUDGEMENT

(1.) Aggrieved of the order dated 7th November, 2003 of the Learned Special Judge Anti Corruption, Jammu, whereby discharging respondent-Ajay Mahajan (for short 'respondent') for the offence punishable under Section 165-A R.P.C. read with Section 5(3) of the Jammu and Kashmir Prevention of Corruption Act, Svt. 2006 (for short 'P.C. Act'), Central Bureau of Investigation (for short 'CBI') has filed the instant revision.

(2.) Flash back of the facts in brief:

(3.) It so happened that on 10.01.1997, one Surinder Singh R/o Pachim Puri, partner M/s Laxmi Oil Company, New Delhi, moved a written complaint to the Senior Superintendent of Police, Jammu against aforesaid S.I. Sandeep Pal Singh and others, alleging therein that on 26.12.1996 he had sent supply of one Tanker bearing No. HYW/759 containing ten thousand (10000) liters of Aromax Oil in favour of M/s Shanti Charan Sales Corporation, Nehru Market, Jammu through respondent. On 28.12.1996, he was informed by Sub-Inspector Sandeep Pal Singh on his phone that the said Tanker was seized by him and the driver and the manager were also arrested and asked him (Surinder Singh) to contact him (S.I. Sandeep Pal Singh) immediately at Jammu, upon which he contacted respondent on telephone and came to Jammu by Air. He reached the house of respondent, where S.I. Sandeep Pal Singh, accompanied by three gunmen also reached at the fixed time. It was an arranged meeting. Sandeep Pal Singh introduced him as Officer of Special Task Force and told Surinder Singh that he had seized his Tanker near Transport Nagar, Jammu and threatened him that he was indulging in black marketing of Aromax Oil, upon which he gave explanation, that there was no question of black marketing, it was all on bills. Despite that S.I. Sandeep Pal Singh threatened him to pay rupees five lac. (Rs. 5,00,000/- ) in case he wanted release of his Tanker and the persons arrested. He also threatened that since he was working in Special Task Force, he could go to any extreme step. It is then alleged that the respondent and some other unknown man became mediator and ultimately, he paid rupees one Lac (Rs. 1,00,000/- ) to S.I. Sandeep Pal Singh on 29.12.1996, as part payment out of the settled amount and then on 30.12.1996 his Tanker and his two persons detained by S.I. Sandeep Pal Singh were released. However, on checking of the Tanker, he found that it was empty and ten thousand (10000) liters of Aromax Oil was unloaded from it. In his complaint, he prayed for taking legal action against S.I. Sandeep Pal Singh and others and for recovery of ten thousand (10000) liters of the said Oil. On these allegations, FIR No. 5/1997 came to be registered on 10.01.1997 in Police Station, Bahu Fort, Jammu under Sections 382/342 RPC and Section 5(2) of the P.C. Act against aforesaid S.I. Sandeep Pal Singh and others. S.I. Sandeep Pal Singh was interrogated by Sh. L. Mohanty, the then SSP, Jammu in connection with this case. He, however, died an unnatural death in the Police Station itself on the same day. The State government considering the sensitive nature of the case entrusted its investigation to CBI in April 1997 by Govt. Order No. Home-126 (ISA) of 1997 dated 04.04.1997.