SURESH PRASAD VERMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This revision application has been filed against the order dtd. 21/2/2022 passed by Ms. Kalpana Hazarika, learned Special Judge, ACB-cum-Additional Sessions Judge-IV, Chaibasa in Misc. Criminal Application No.92 of 2021 arising out of Vigilance Case No.01 of 2020 (A.C.B., Jamshedpur P.S. Case No.13 of 2019 under Sec. 7A of the Prevention of Corruption Act) whereby and whereunder, petition for discharge filed by the petitioner under Sec. 227 of the Code of Criminal Procedure, has been rejected.

(2.) It is submitted by learned counsel on behalf of petitioner that discharge petition is pressed on three grounds.

(3.) The revision petition has been contested by the A.C.B. by filing a counter affidavit. Learned Counsel Mr. Suraj Verma submits, submits the prosecution case in brief is that informant Vikash Kumar Sharma is the proprietor of Jai Mata Di enterprise to which work of 280 meter construction of P.C.C. road allocated in Tamuliya 'D' colony by Rural Development Department, Seraikella. The complainant was authorized to do this work by his mother. The estimated cost of this road was Rs.11,54,964.00. After completion of work, the bill amount of Rs.7,00,000.00was paid to him and for giving the bill of remaining amount, the accused petitioner was demanding Rs.28,000.00 as bribe. It is further alleged that the informant did not want to give bribe and therefore given an application to S.P., A.C.B., Jamshedpur on 23/10/2019 in this regard. The S.P., A.C.B., Jamshedpur had directed to Shree N.K. Mandal, the then Inspector of Police, A.C.B., Jamshedpur to verify the allegation. During verification, the complainant has requested to reduce the demanded bribe money but the petitioner was not ready to reduce the bribe money and after much negotiation accused petitioner was agreed to take Rs.10,000.00 in first installment and balance amount will be given after some times, and after verification the allegation was found true and accordingly Verification Officer submitted his report on 13/11/2019. On the basis of verification report, a case was registered vide A.C.B., Jamshedpur P.S. Case No.13/19 dtd. 13/11/2019 U/s 7(a) P.C. (Amendment) Act, 2018 against the accused petitioner. Following all the legal procedure, a trap was laid against the accused on 14/11/2019. The accused petitioner was apprehended while accepting Rs.10,000.00 as bribe and the same was recovered from the bag of seat cover of driving seat of the accused petitioner's car in his conscious presence witnessed by independent witnesses. The numbers of recovered notes were tallied by the independent witnesses with the number noted in G.C. Notes Memorandum and found they are same. Property search-cum-seizure list was prepared upon which both the independent witness put their signature voluntarily. The bag of seat cover of driving seat when wiped with cotton and washed with Sodium Carbonate solution, turned become pink. On interrogation, the accused petitioner did not give any satisfactory statement and after that he was arrested. During the course of search of house of the petitioner, Bank Passbook, cash amount, ornaments and other documents were seized and also Rs.2,67,30,000.00 was recovered from the room of petitioner's tenant namely Alok Ranjan. After completing the investigation of the case and after obtaining the sanction for prosecution, Anti Corruption Bureau has submitted charge sheet vide charge No. 11/01/2020 U/s 7(a) P.C. (Amendment) Act, 2018 and 201/120B I.P.C. against accused petitioner in Learned Special Court, Chaibasa. On the basis of evidence collected during investigation and other material available on the record, the Learned Court has taken cognizance of the offence against the accused petitioner and discharge petition has been rejected.