KRISHNA KANT JHA Vs. STATE & ANR.

JUDGEMENT

(1.) Both these revision petitions are directed against the order of learned Special Judge Anti Corruption Cases, Jodhpur dated 2.12.1996 by which he ordered to frame charge under Sec. 13(1)(d) read with 13(2) of the Prevention of Corruption Act against both the petitioners.

(2.) I have heard learned counsel for the petitioners as well as learned Public Prosecutor and have gone through the record.

(3.) Briefly stated, there was a check post of Commercial Tax Department at Abu Road through which vehicles carrying goods would pass from Rajasthan to Gujarat and vice versa. Both the petitioners were posted there on 9.1.1991. There was a complaint that the vehicles which used to carry goods were supposed to be checked physically in order to realise commercial tax. It was not being done and instead illegal gratification was being accepted apart from the amount of commercial tax and the actual amount of tax was lessoned and was not being realised. The checking was done at 5.00 P.M. on 9.1.1991 by Shri Ashok Naruka, Additional S.P. of the Prevention of Corruption Department along with Shiv Ratan Bohra, Dy. S.P., ACD and other police officials as well as independent witnesses. it were the petitioners who were doing this job of checking of the vehicles. The cash box and receipts were checked arid it was found that it contained a sum of Rs. 9,415.00, this was in order as per the receipts. The petitioners were issuing the receipts. Some envelopes were found hidden which contained a sum of Rs. 686/-. A deep investigation was done and it was revealed that this amount of Rs. 686/- was received as illegal gratification as an entry fee from the truck drivers who passed through the check post.