S. B. Sinha, J. - (1.) Leave granted.
(2.) The appellant was at all material times and still is working with the Delhi Police. He was posted in Anti-Corruption Branch in 1997. While posted in the said Branch, he was detailed as a Raid Officer. Allegedly, the complainant Kamlesh Kumar Gupta s/o Prabhu Dayal Gupta, resident of Lajwanti Garden, Delhi, lodged a complaint with the Anti-Corruption Branch of Delhi Police that Preet Pal Bansal, Inspector (Malaria, MCD, was demanding a sum Rs.3,000/- by way of illegal gratification from him for not challaning the godown of the complainant (PW-2). The complainant wanted a raid to be conducted in the said Preet Pal Bansal. Appellant constituted a raiding party consisting of the complainant Kamlesh Kumar Gupta (PW-2) and Devender (PW-4) and other police officers including himself. In the preparation of the said operation, the complainant produced a sum of Rs.3000/- in denomination of Rs.500/- each whereupon Phenolphthalein powder was applied and the tainted money was handed over to the complainant. When the complainant attempted to pay the said amount to Shri Preet Pal Singh at his godown, he did not accept the same. The tainted money was, therefore, not seized. It was allegedly given out by him that the complainant may give the same to one Devender (PW-4) and he in turn would accept the money from him. Whereafter, PW-4 sat on the pillion of the scooter and they reached at the Petrol Pump situate at the Mall Road, Delhi. He was arrested.
(3.) However, the tainted money was returned to the complainant by the Investigating Officer. In the criminal proceedings which was initiated against Preet Pal Bansal, the Criminal Court recorded a judgment of acquittal holding : "...These inconsistencies in respect of place of return of tainted money to the complainant raises speculation if at all the money was returned to PW-2 by PW-4 or the same was handed over to him as claimed. Thus, different versions with regard to talks in the godown and place with regard to return of the money by PW-4 to PW-2 coupled with the fact that the accused did not accept the bribe money either from PW-2 or PW-4 sans requisite corroboration as to the testimony of PW-2 complainant in respect of the prior demand of the bribe money and with regard to demand of money by the accused from PW-4 at the time of petrol pump and that the accused had already challaned the complainant previously on 2/3 occasions cast shadow of doubt on the veracity of the testimony of PW-2, PW-4 and PW-5 and creates doubt about the claim of the prosecution that the accused ever demanded the bribe from the complainant. The possibility of P-2 having grudge against the accused on account of having challaned the complainant for 2/3 occasions in respect of his godown and got him fined which fact is not disputed, cannot be ruled out. In my opinion, it would not be expedient to act, accept or rely upon the testimony of PW-2 and PW-4. In addition to this, it is also possible that the mind of PW-4 was not free from at the time of deposing in the court due to fear of departmental enquiry." ;