Decided on October 22,1980

Kailas Bais Appellant
STATE OF M.P. Respondents


CHANDRA PAL SINGH.J. - (1.)THE appellant Kailash Bais, a Mining Officer in the Collector ate, Indore, and as such a public servant was charged with and tried successfully for the offences punishable under section 161 Indian Penal Code and section 5 (1) (d) read with section 5 (2) of tae Prevention of Corruption Act for accepting Rs 201/ - as illegal gratification as a motive for letting Manohar (P.W. 7) secure a permit enabling him to collect boulders and small pieces of stone from a Government quarry, before the Special Judge, Indore (in Special Case No.2 of 1974), who bas sentenced him to rigorous imprisonment for two years with Rs. 2500/ - fine on each count failing the payment of each of which be is further to suffer rigorous imprisonment for six months; the substantive sentences are to run concurrently. He appeals.
(2.)MANOHAR (PW 7) on 23 -12 -1971 bad submitted an application (Ex. p. 3) to the appellant the Mining Officer requesting for granting him permit to get 100 trucks of boulders (small and big) from Sanavadia quarry for enabling him to build a private road from the main road upto his well in village Dudbia. He (Manobar -PW 7) repeated his similar request by his application (Ex P. 4) of 10 -1 -1972, and, yet another (Ex. P. 2) of 22 -1 -1972. One of his applications was accompanied by also the recommendation of the Sarpanch of Gram Panchayat, Dudhia contained in the document (Ex p. 3 -A). Manohar however could not succeed in getting any permit from the Additional Collector, Indore, who on recommendation of appellant used to issue one.
This led Manohar on 22 -1 -1972 to approach the appellant, who demanded Rs. 500/ - as illegal gratification for recommending his case to the Additional Collector. Manohar being unable co pay this much amount ultimately agreed to part with Rs. 201/ - after two days at Jabaj Mahal Hotel between 1 and 2 p. m. It was in this context that on 25 -1 -1972 at 9 a. m. he lodged a written report (Ex. p. 58) before Nirbhaysingh. Deputy Superintendent of Police, Special Police Establishment at his quarters at Mahesh Guard Lines, Indore Nirbhaysingh directed Manohar to come to his office later on at 11 a. m. That being done Nirbhaysingh (P.W. 14) in the presence of Bhaskar Moghe (PW 13) and Gordhanlal (D W 5) took two bank notes of Rs. 100/ - each and a rupee bank note from Manohar marked them and after demonstrating the reaction of phenolpthalein powder in a solution of sodium carbonate turning pink, got those bank notes treated with phenolpthalein powder, making Manohar put them in the right hand pocket of his jackiet instructing him that after he had parted with the money at the appointed place, he would indicate the acceptance of the money by the appellant by wining his face with his handkerchief. Nirbhaysingh (PW 14) instructed the two witnesses Bhaskar Moghe (PW 13) and Gordhanlal (DW5) to keep close to Manobar and the appellant to hear their talks and witness the giving and taking of the money. Evidencing this transaction, Ex. p 59 was prepaired.

(3.)THE party consisting of Nirbhaysingh (PW 14), the two witnesses and otters (including one Rana Saheb and one Pare Saheb) set out to Jahaj Mahal Hotel. In the meantime Manobar went to the Office of the appellant. Not finding him there and being told by a clerk that the appellant had gone to Raj Mohalla, Manohar (PW 7) went there and finding the appellant told him that he bad arranged for the money. Manohar (PW 7) and the appellant then in an auto -rickshaw travelled to Jahaj Mahal Hotel where in front of the counter of that hotel while sitting on a bench Manohar saying that let his work be done and the appellant assuring him of his work (the issuing of permit) being done within an hour, gave those bank notes to the appellant, who counting them put them in the right side pockiet of his trousers. Manohar went outside in the verandah and wiped his face with his handkerchief. Immediately after Nirbhaysingh, other Members of the party and Gulam Hyder (PW 12) surrounded the appellant, who protested saying that he had been deceitfully entrapped. Those very bank notes were seized from him. The appellant' band on being immersed in the solution of sodium carbonate turned that solution pink, Some of the documents seized during investigation (particularly documents Ex. p.2, p.3 and p.4) were sent to Navinchandra Deshpande (PW 1), the Additional State Examiner of questioned documents but that examination is not significant as the appellant himself admitted those and other necessary documents having his signatures and also the endorsement on some of them. The State sanctioned the prosecution of the appellant.

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