L.N. Mittal, J. - (1.) THIS criminal appeal has been instituted by accused Surinder Kumar Gupta and Ishar Sarup Singh, who stand convicted by learned Special Judge, Sangrur, vide judgment and order dated 16.04.2002 under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (in short - the Act) and sentenced to undergo rigorous imprisonment for four years and to pay fine of Rs. 2,500/ - each and in default thereof, to undergo further rigorous imprisonment for six months, for each of the two offences, but both the sentences have been ordered to run concurrently.
(2.) IN nutshell, prosecution case is as under: Complainant Amrik Singh was Secretary of Syan Gram Udyog Samiti (Regd.) (in short - the Society). The Society was to install a brick kiln, for which license was to be obtained from the office of District Food and Supplies Controller (DFSC), Sangrur. Appellant No. 1 Surinder Kumar Gupta was posted as Inspector, Food and Supplies in the said office. The complainant went to the aforesaid office and met Appellant No. 1 on 16.07.1997. Complainant presented file of his application for issuance of license before Appellant No. 1, who affixed seal of the office on the treasury challan for deposit of license fee of Rs. 50/ -. Complainant accordingly deposited the said amount in the bank.
(3.) ON 28.07.1997, the complainant again went to the office of DFSC and met Appellant No. 1, who demanded Rs. 15,000/ - as illegal gratification for favouring the complainant by marking the application for issuance of license. The deal was struck for Rs. 10,000/ -. The complainant told that he would come on the next day with the amount. The complainant talked to Ranbir Singh, who advised the complainant to get Appellant No. 1 trapped. Accordingly, on 29.07.1997, the complainant made statement to Mandeep Singh - Deputy Superintendent of Police (DSP), Vigilance Bureau and handed over to him 20 currency notes of Rs. 500/ - denomination. FIR was registered on the basis of aforesaid statement. After applying phenolphthalein powder on the currency notes, the same were handed over to the complainant. Memo Ex. P -L was prepared, wherein numbers of currency notes were also written. Ranbir Singh was also present with the complainant. Demonstration was given to them to depict that solution of Sodium Carbonate turned pink on dipping of piece of paper in water, with phenolphthalein powder on it. Hartej Singh - Clerk from the office of PRTC, Sangrur was also joined in the raiding party. Ranbir Singh was made shadow witness. Necessary instructions were given to the complainant and said shadow witness. Accordingly, Amrik Singh -complainant and Ranbir Singh - shadow witness went to the office, where Appellant No. 1 was found present at his seat. Appellant No. 1 asked the complainant about the bribe amount. The complainant answered in the affirmative. Appellant No. 1 then got the file marked and kept it on his table and came out of the office along with Amrik Singh - complainant and Ishar Sarup Singh - Appellant No. 2, who was posted as Junior Assistant in that Office. Appellant No. 1 then demanded Rs. 10,000/ - as bribe from Amrik Singh, who paid the same to Appellant No. 1. Appellant No. 1 counted the money and gave it to Ishar Sarup Singh - Appellant No. 2, who kept it in the right side pocket of his trousers. Ranbir Singh - shadow witness gave necessary signal to the remaining raiding party, who immediately reached there. Hand -wash of both the accused in separate solutions of Sodium Carbonate turned it pink. Pocket wash of trousers of Appellant No. 2 also gave the same result. Tainted currency notes were recovered from pocket of the trousers of Appellant No. 2. Necessary investigation formalities were conducted at the spot. Both the accused were arrested. File of application for grant of license to the Society was seized from the table of Appellant No. 1. On completion of investigation, both the accused were sent for trial under Sections 7 and 13(2) of the Act.;