G.S.CHAHAL,J - (1.) SURINDER Mohan Luthra-petitioner, by means of this petition under Section 482 CrPC seeks quashing of FIR 75 dated May 6, 1993 registered under Section 13(2) read with Section 7 of the Prevention of Corruption Act, 1988 at PS Civil Lines, Amritsar (Annexure P-1) and the subsequent proceedings.
(2.) THE impugned FIR was got registered with Sh. Pinder Singh, Inspector Vigilance Bureau, Amritsar on the basis of a statement made by Sh. Baldev Singh-complainant before him. The facts as stated by the complainant in his statement before the Inspector may be briefly narrated Baldev Singh on his visit to Court Complex lost his driving licence No. 98759 which had been issued by the DTO, Amritsar. He applied for a duplicate licence and deposited the fee of Rs. 15/- in the office of the DTO. He filed an affidavit and also filled in the necessary form and all the papers were submitted to the petitioner on May 4, 1993. Baldev Singh contacted the petitioner on May 6, 1993 and inquired if the duplicate driving licence was ready. The petitioner then made a demand for Rs. 200/- as bribe for obtaining a duplicate driving licence. The complainant made a request that he was a poor man and could not pay the amount and Jasbir Singh, who was accompanying him, also asked for showing concession. Surinder Mohan then agreed to accept Rs. 100/- for preparing the duplicate driving licence. The complainant then told him that he did not have the ready money at that time and the petitioner informed him that he will be in his seat till evening and the complainant could make the payment. Since he did not want to pay the bribe, he came to the office of the Vigilance Inspector in the company of Jasbir Singh and made his statement to him. The Inspector had then arranged the raid.
(3.) THE FIR is being challenged on the ground that Inspector Vigilance was not authorised under the Act to carry out the raid in view of the provisions of Section 17(c) of the Act. Section 17 of the Act provides as follows :- "17. Persons authorised to investigate - Notwithstanding anything contained in the Code of Criminal Procedure, 1973, no police officer below the rank - a) in the case of Delhi Special Police Establishment, of an Inspector of Police; b) in the metropolitan areas of Bombay, Calcutta, Madras and Ahmedabad and in any other metropolitan area notified as such under sub- section (1) of Section 8 of the Code of Criminal Procedure, 1973, of an Assistant Commissioner of Police; c) elsewhere, of a Deputy Superintendent of Police or a police officer of equivalent rank, shall investigate any offence punishable under this Act without the order of a Metropolitan Magistrate or Magistrate of the first class, as the case may be, or make any arrest therefor without a warrant; Provided that if a police officer not below the rank of an Inspector of Police is authorised by the State Government in this behalf by general or special order, he may also investigate any such offence without the order of a Metropolitan Magistrate or a Magistrate of the first class, as the case may be, or make arrest therefore without a warrant; Provided further that an offence referred to in clause (e) of sub- section (1) of Section 13 shall not be investigated without the order of a police officer not below the rank of a Superintendent of Police." This Section corresponds to Section 5(A)(1) of the old Prevention of Corruption Act, 1947 which has been repealed by means of Section 30 of the Act. That Section reads as follows :- "5-A. Investigation into cases under this Act :- 1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898(5 of 1898) no police officer below the rank - a) in the case of the Delhi Special Police Establishment, of an Inspector of Police; b) in the presidency town of Calcutta and Madras, of an Assistant Commissioner of Police; c) in the presidency town of Bombay, of a Superintendent of Police; and d) elsewhere of a Deputy Superintendent of Police, shall investigate any offence punishable under Section 161, Section 165 or Section 165-A of the Indian Penal Code (45 of 1860) or under Section 5 of this Act, without the order of a Presidency Magistrate or a Magistrate of the first class, as the case may be, or make any arrest therefor without a warrant; Provided that if a police officer not below the rank of an Inspector of Police is authorised by the State Government in this behalf by general or special order, he may also investigate any such offence without the order of a Presidency Magistrate or a Magistrate of the first class, as the case may be, or make arrest therefor without a warrant; Provided further that an offence referred to in clause (2) of sub- section (1) of Section 5 shall not be investigated without the order of a police officer not below the rank of a Superintendent of Police." ;