M.M.Gupta - (1.) THESE appeals have been preferred by Dharambir and Surendra Pal Singh who were convicted under section 161 IPC and under section 5 (2) of the PREVENTION OF CORRUPTION ACT, 1947. Under the former section they have been sentenced to undergo rigorous imprisonment for three years while under the latter section they have been sentenced to undergo rigorous imprisonment for three years and a fine of Rs. 500/-.
(2.) ACCORDING to the prosecution case, Sri Surendra Pal Singh was the Sanitary and Food Inspector in Ghaziabad district. Moradnagar was in his circle. At Moradnagar Bus Stand Jagdish Chandra Sharma was running a Shudha Bhojnalya. Surendra Pal Singh used to visit Moradnagar and in the course of his visits to the shop of Jagdish Chandra Sharma he used to threaten him to take a sample and he also threatend him that iif he paid him Rs. 200/- the sample would not be taken and he would be able to run his hotel in peace. Jagdish Chandra Sharma showed some repugnance against the act of giving the illegal gratification to Surendra Pal Singh appellant. He,, therefore, moved an application on 8th October 1977 before the Superintendent of Police (Vigilance) Meerut informing him of the intentions of Surendra Pal Singh appellant in asking for the illegal gratification. The Superintendent of Police (Vigilance) gave directions to Om Prakash Tyagi and Sri Dharampal (Vigilance) Inspectors to lay a trap for the arrest of Surendra Pal Singh appellant.. On 12th October 1977 at about 1 P. M. Dharambir appellant who was vaccinator serving under the appellant Surendra Pal Singh, went to the shop of Jagdish Chandra Sharma and asked him to pay Rs. 200/- for being paid to Surendra Pal Singh appellant in ,lieu of the fact that Sri Surendra Pal Singh would not take a sample of any edible article sold by him. Jagdish Chandra Sharma, however, insisted that if he has to pay any illegal gratification he will pay it to Sri Surendra Pal Singh direct. Thereafter Om Prakash Tyagi along with other witnesses went to Jagdish Chandra Sharma who provided the currency notes of Rs. 200/- They consisted of one currency nolle of Rs. 100/- denomination and five currency notes of Rs. 20/-denomination. These currency notes were initialled; by Sri Om Prakash Tyagi and they were treated with phenolphthlene powder. They were handed over back to Jagdish Chandra Sharma after their memo was prepared. Sri Om Prakash Tyagi and other members of his party took their seat on a side bench at the shop of Jagdish Chandraj Sharma. They were served with tea and other edibles. At about 3.30 P. M. Dharambir came to the shop of Jagdish Chandra Sharma. He was told by Dharambir appellant that Surendra Pal Singh had sent him and wanted the appellant to make the payment to him. When Jagdish Chandra Sharma again insisted that he would pay the money to Surendra Pal Singh appellant he told him that he need not worry about it as the money would safely reach Surendra Pal Singh and he was acting under his direction. Thereafter the aforementioned currency notes of Rs. 200/- were handed over to Dharambir who kept them in his pocket. Soon after the money passed in the hands of Dharambir appellant and he had put them in his pocket, Sri Om Prakash Tyagi and other members of his party immediately arrested Dharambir appellant. On search being taken the currency nates treated with phenolphthlene powder and bearing the initials of Om Prakash Tyagi were recovered. The hands of Dharmbir appellant were got washed with sodium carbonate solution. The solution turned pink. The shirt of Dharambir was also taken into possession. A recovery memo witnessed by the witnesses was duly prepared. Dharambir was taken into custody and along with the sealed property of the case he was taken to Police Station Moradnagar where Om Prakash Tyagi lodged the report at 6. 15 P. M. on 12-10-1977. The investigation of the case was entrusted to Sri Jagdish Lal Chawla, Inspector Vigilance, under the orders of the Superintendent of Police. He recorded the statements of Dharampal Singh Inspector Vigilance and of Sri Om Prakash Tyagi on 18-10-1977. He recorded the statement of Jagdish Chandra Sharma on 19-10-1977. The other witnesses were also examined on the same date. He inspected the scene of occurrence and prepared the site plan. The statement of Dharambir appellant was got recorded under section 164 CrPC before a Magistrate. The statement of some witnesses 'were also recorded under section 164 CrPC. Sanction for the prosecution of Dharambir appellant was accorded by the District Magistrate and by the Administration of Nagarpalika, Ghaziabad. The Director, Medical Health, accorded sanction for the prosecution of Surendra Pal appeallant. After the sanctions for their proseuction were obtained charge- sheet was submitted against the two appellants in the court of the Special Judge, Ghaziabad.
(3.) SURENDRA Pal Singh appellant denied thai he had ever threatened Jagdish Chandra Sharma to pay him illegal gratification in view of his not taking the sample of edible articles sold by him. He has also denied that he had sent Dharambir to take Rs. 200/- from him for that purpose. He further stated that Jagdish Chandra Sharma got himself converted as a Muslim and runs a Hotel. This was objected to by the Hindus. He is, therefore, inimical to him. Dharambir Singh appellant denied the prosecution allegations. He denied having gone to the shop of Jagdish Chandra Sharma to take from him a sum of Rs. 200/- towards illegal gratification on behalf of Surendra Pal Singh appellant. He, however, stated that the currency notes were forcibly put in his pocket. He wanted to throw them away but the Vigilance people caught hold of his hands. He, however, admitted the fact of his hands being washed with sodium carbonate solution and of the solution turning pink. On the date of occurrence he was present in front of the shop of Jagdish Chandra. Sharma. Some-body called him. He got down from his bicycle. He was called by Jagdish Chandra Sharma and as he was approaching him the currency notes were forcibly put in his pocket and he was told to give them to Surendra Pal Singh appellant. He took out the currency notes and told him to give them to Surendra Pal Singh appellant. In the meantime he was caught hold by the Vigilance Officers. He made a statement before a Magistrate under temptation given by the Vigilance Officers who promised to get him released.;