KAMAL KISHORE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application has been filed for quashing of the entire criminal proceeding of Special Case No. 3 of 2013 (Ramgarh P.S. Case No. 106 of 2013) including the order dated 15.6.2013 passed by the Special Judge, Vigilance, Hazaribagh whereby and whereunder cognizance of the offences punishable under Sections 419, 420, 467, 468, 166, 218/34 of the Indian Penal Code and also under Sections 8, 9 and 13(2) of the Prevention of Corruption Act has been taken against the petitioner. Before adverting to the submission advanced on behalf of the petitioner, case of the prosecution needs to be taken notice of.

(2.) IT is the case of the prosecution that the informant Block Development Officer, Ramgarh was informed by Sub -Divisional Magistrate, Ramgarh telephonically that some persons who are in police uniform has stopped some trucks and have been extorting money from the driver. On getting such information, Block Development Officer came to NH -33 at Bijuliya Bridge along with In -charge Agriculture Officer, Ramgarh and others and found a truck bearing registration No. HP -12D -5661 standing over the road. Across the road, a Tata Sumo Gold was also standing. There they found five persons who were in police uniform surrounding the truck. Those five persons who were in police uniform on being asked disclosed their names but they did not disclose as to under what authority, they were there in police uniform but simply told them that they are with RTO Inspector and they at his instance, have intercepted the vehicles. Thereafter Sub -Divisional Officer, Ramgarh and others came to the vehicle near Tata Sumo Gold where they found four persons, one of them told his name as Kamal Kishore, Enforcement Inspector (petitioner) Two persons who were inside the car were also in police uniform who disclosed their names as Phuleshwar Malakar and Albert Ekka. They disclosed that they are constable attached with the Transport Department. One person the driver of the said truck bearing No. HP -12D -5661, who was there, told them that they got his truck stopped and asked for document of the vehicle and when it was given, it was kept by them and they asked for Rs. 5000/ - on the plea that the vehicle is overloaded. He, however, agreed to give a sum of Rs. 3500/ -. Meanwhile, Officer -in -Charge of Ramgarh Police Station, Sub -divisional Police Officer and Sub -divisional Officer, Ramgarh also reached over there. In their presence, search was made of all the eight persons, from whose possession document relating to 10 trucks were seized. They also seized money receipts bearing signature of Enforcement Inspector but neither the vehicle number nor the section of M.V. Act has been mentioned and in some of them, though the amount of fine and section of the Act had been mentioned but vehicle number had not been mentioned. That apart, from the possession of all those eight persons money were also recovered which were seized. From the possession of this petitioner, a sum of Rs. 12,000/ - and odd were recovered and were seized.

(3.) MR . Anil Kumar Sinha, learned Sr. counsel appearing for the petitioner submits that the petitioner happens to be an Enforcement Inspector, who in discharge of his duty intercepted the trucks which were overloaded and in that event, he did demand relevant document to check ladden in capacity and over height of the vehicle and at that point of time, Enforcement Officer reached over there and seized the document and also the money which have been collected as fine but the case was lodged with the allegation that the petitioner and his associates had extorted the money from the truck drivers but none of the drivers had made any statement that they had given money as illegal gratification rather all have said that money which were given to the petitioner, it was by way of fine and thereby the petitioner cannot be said to have committed any offence.