- (1.) Heard learned counsel for the parties. The instant application has been filed against the order dated 07th July, 2018 passed by Special Judge, A.C.B., Dhanbad in Special (A.C.B.) Case No.03 of 2018 arising out of A.C.B. P.S. Dhanbad Case No.03 of 2018 registered under Sections 7/13 (2) read with Section 13(1) (d) of the Prevention of Corruption Act whereby the prayer for discharge from the case was rejected.
(2.) It is submitted on behalf of the petitioner that as per allegation this petitioner, being Junior Engineer, had demanded Rs.12,000/- as bribe for submitting the measurement book for which the complainant lodged a complaint. He further submitted that the amount of bribe was not recovered from his physical possession but from the dickey of his car, therefore it cannot be said that the accused petitioner has accepted the bribe amount from the complainant. Actually the petitioner was falsely implicated in this case. He also submitted that the court below without consideration of this issue in a mechanical way passed the order rejecting prayer for his discharge.
(3.) A counter affidavit has been filed on behalf of the A.C.B. Learned counsel for the A.C.B. submitted that the complainant Somnath Roy, who was a contractor for construction of a Ghat in Banka bridge, has submitted complaint against the petitioner, who was Junior Engineer and was involved with the execution of this contract, that he had demanded Rs.12,000/- as bribe for preparing and submitting the measurement book relating to the construction work. He further submitted that the written complaint was verified and thereafter a trap team was constituted and pre- trap memorandum was prepared. The petitioner was caught red handed and the money was recovered from his possession and thereafter necessary formalities were observed and charge-sheet was submitted against him. He also submitted that not only the G.C. notes were recovered but the document relating to pending work was also recovered and seized in his presence and witnesses. The court below took cognizance of the offence and after consideration of the circumstances rightly rejected the prayer for discharge.;