SHAIK RIYAZ Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Writ Petition is filed for the following relief:

(2.) It has been contended by the petitioner that, he was working as Excise Police Constable in Kacheguda Police Station, and upon the complaint of one Kethavath Ramiya Naik, an auto driver, on 20/12/2018 alleging that the Sub-Inspector of Police had demanded a bribe of Rs.15,000.00 for releasing his auto which was seized by the Prohibition and Excise Police, Kacheguda. As such, a raid was conducted by the Anti-Corruption Bureau on 21/12/2008 at Mishal Cafe located at Ali Cafe "X" roads, Amberpet, Hyderabad, where an amount of Rs.3,000.00 was recovered from the petitioner and it was alleged that he received the same on behalf of V. Venkata Chary, S.I. of Police, and phenolphthalein test was conducted on the petitioner and found positive and on the ground that tainted amounts were recovered from the petitioner and pursuant to it, the petitioner, and two SIs of Police were arrested and remanded to judicial custody and they were suspended.

(3.) Respondents filed counter by contending that the charge against the petitioner was proved as the petitioner accepted an amount of Rs.3,000.00 from the complainant towards bribe and the same was proved upon chemical tests on the currency notes and the fingers of the petitioner. The respondents further contended that no recovery was made from the other accused and the claim of the petitioner that the accused no.1 was the kingpin of the bribery was discarded and the charge against the other accused is not proved, as such, no punishment was imposed upon them. The respondents reiterated the observations and conclusion of the report of the Enquiry Officer, Appellate Authority and the Reviewing Authority opposed the case of the petitioner. Therefore, there are no merits in the case and the same is liable to be dismissed.