STATE OF RAJASTHAN Vs. R J MOOLCHANDANI

JUDGEMENT

(1.) THIS appeal has been filed by the State against the judgment dated May 2, 1973 passed by the Special Judge, Sri Ganganagar, whereby, the accused -respondent R J. Moolchandani has been acquitted of the charges under Section 161, I.P.C. and Section 5(2) read with Section 5(1) of the Prevention of Corruption Act (for short 'the Act').

(2.) THE case of the prosecution, briefly stated, is as under: - At the relevant time, the accused -respondent was posted as Assistant Commercial Taxation Officer, C -Ward, Sri Ganganagar, and was dealing with (he assessment of the passenger and poods tax payable by M/S Nanak Roadways who were plying their buses from Raisinghnagar to Ursar and Raisinghnagar to Annopgarh. On 19.10.1970, PW5 Jarnailsingh, who was employed as a cashier with M/s. Nanak Roadways, submitted an application (Ex. P/6) before Shri Jhabarmal Maheria (P W8), Additional Superintendent of Police, Anti -Corruotion, Sri Gangaragar. In the said application, it was stated that the proceedings for assessment of the passenger and goods tax payable by M/s Nanak Roadways for the year 1969 -70 were pending before the accused -respondent and that the accused -respondent instead of levying penalty was compelling them to pay bribe and the M/s Nanak Roadways did not want to pay him and wanted that the accused -respondent should be caught. In the said application, it was stated that a sum of Rs. 500/ -has been agreed to be paid as bribe and it was prayed that, necessary action may be taken. Along with the application aforasaid, five currency notes of Rs. 100/ - denomination were submitted by Jarnailsingh before the Additional Superintendent of Police, Anti -corruption. The serial number, of the five currency notes of Rs. l00/ -each was also mentioned in the said application On receipt of that application, Jarnailsingh was directed to bring two witnesses and he brought Shivlal (P.W.3) and Sahe -bram (P.W.7) before Shri Jhabarmal Maheria, Additional Superintendent of Police, In the presence of those two witnesses, Shri Jhabarmal Maheria put his initials on the five currency noets of Rs. 100/ - each and after applying phenolphatheline powder on the notes, he handed over the currency notes to Jarnailsingh, with the direction that they may be delivered to the concerned officer on being demanded and thereafter , he may give a signal regarding delivery of the currency notes by putting his hand on bis head. One of the witnesses, Shivlal (P.W.3) was sent along with Jarnailsingh to the office and the other witness Sahebram (P.W.7) was kept with the trap party, Jarnailsingh went into the room of the accused and asked him as to whether he would check the record then or after some time. The accused told Jarnailsingh that the statements may be prepared and thereafter, he would check, the statements. Jarnailsingh came out of the room of the accused -respondent and prepared the statements and again went into the room of the accused after 3 P.M. while he was checking the statement prepared by Jarnail Singh the accused -respondent told Jarnailsingh about the talk, which had taken place erlier, regarding the payment of Rs.500/ - and asked whether he had brought the money. Thereupon, Jarnailsingh gave the five currency notes of Rs 100/ - each to the accused -respondent and he put the same into the pocket of the trousers. Shivlal (P.W.3) entered into the room, when Jarnailsingh delivered the currency notes. The settled signal as agreed upon, was given and thereupon, the trap party consisting of Jhabarmal Maheria (P.W.7) and Naharsingh Sub -Inspecter (P.W.6) Sahebram (P.W.7), and Mangharam Constable (P.W.4) and Peeraram. Sub -Inspector entered into the room of the accused -respondent, Jhabarmal Maheria, after giving his introduction to the accused -respondent, asked him to produce the five currency notes that had been taken by him as bribe. The accused -respondent refused having accepted any bribe. Thereupon, Megnaram Constable (P W.4) took the search of the accused and five currency notes of Rs. 100/ - each were recovers from the pocket of his trousers. The number of the five currency notes of Rs. 100/ -each were compared with the numbers noted in the application and the since the numbers tallied with each other the currency notes were se zed vide seizure memo Exp./1. Thereupon, the accused -respondent was arrested and a case under Section 161, IPC and Section 5(1)(d) of the Act was registered against him. After the usual investigation and after obtaining the requisite sanction (Ex P/7) from the State Government, the charge -sheet was filed against the accused -respondent in the court of the Special Judge, Sri Ganganagar.

(3.) IN his statement rercorded under Section 342, CrPC the accused -respondent pleaded that the case of M/S Nanak Roadways was fixed on 19.10.70 and he did not demand any bribe from M/S Nanak Roadways or Jarnail Singh. The accused respondent also stated that he had asked Jarnail Singh whether the tax for the vehicles for the month of September 1970 had been deposited or not and thereupon, Jarnailsingh said that he bad brought Rs. 500/ - and the same may be deposited and that thereafter he (accused res -pondent) called Mohanlal and asked him to issue a receipt for Rs. 500/ - on account of tax for vehicle No. JK 7555 and that Mohanlal stated that the bank time was over and he had asked the accused to keep the money while he would issue the receipt and thereupon he (accused -respondent) put the money in his pocket. The accused respondent has further stated that when the Additional Superintendent of Police asked him about having accepted bribe, he (accused -respondent) replied that he had not taken any bribe and that he had money deposited by way of tax, which was Government property and thereupon, on the direction of the Additional Superintendent of Police, Mengharam Constable took out the currency notes out of the pocket of his trousers.