MOHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment of Special Judge, ACD cases, Jaipur, dated 25th March 1977. The accused appellant has been convicted for offences under section 161 I.P.C. and 5(1)(d) read with section 5(2) of the Prevention of Corruption Act and has been sentenced to one yearTs rigorous imprisonment and a fine of Rs. 200/- and in default of payment of fine to further undergo two months rigorous imprisonment on each count. Both the sentences have been made to run concurrently.

(2.) The accused-appellant preferred an appeal to this court, which has come up before the Division Bench on being referred to it by our brother Honble G.M. Lodha. HonTble Single Judge while hearing the appeal felt that an important question of law is involved in the case, which required adjudication and consideration by a larger bench. His Lordship also observed in the order of reference that since it is an old criminal appeal, he is referring the entire case to larger bench and treating the appeal as disposed of by the single bench. We therefore, have heard the appeal not only on the question framed but also on merits.

(3.) The question framed by the learned Single Judge is as below: Whether in a case of trap by the Anti Corruption Department non-preparation of seizure memo or recovery memo of the amount recovered from the accused is fatal to the prosecution.