SANJAYSINH RAMRAO CHAVAN Vs. DATTATRAY GULABRAO PHALKE
SUPREME COURT OF INDIA (FROM: BOMBAY)
Sanjaysinh Ramrao Chavan
Dattatray Gulabrao Phalke
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(2.)Appellant is accused no.1 in C.R. No. 3446 of 2010 of Bund Garden Police Station in the State of Maharashtra. The case is registered by the Anti- Corruption Bureau under Sections 7, 12, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the PC Act').
(3.)Genesis is Annexure-P7-complaint dated 22.11.2010 given by the first respondent. According to him, he had to pay an amount of Rs.75,000/- by way of bribe for getting a certificate for non-agricultural use of his land. To quote from the complaint:
"On 5th October 2009 an advertisement of "Bharat Petroleum Corporation Ltd. Pune" appeared in daily Lokmat and Loksatta newspapers. The advertisement was for giving dealership of Petrol Pump. I had duly applied to the company Bharat Petroleum Corporation Ltd. for the same. As per the procedure my interview was arranged on 30th March 2010. I was selected for this work. As per the terms and conditions of Bharat Petroleum Corporation Ltd. Pune it was binding on me to submit a "non agricultural certificate" of my land at Pimpalsuti, Tal Shirur, District Pune. To get the said certificate I applied to the Maval Sub Divisional Officer and Magistrate Pune on dated 9/9/2010. After the application I fulfilled all the documents required as per their demand.
After this today on date 22/11/2010 at 11/20 a.m. I went to the office of Maval Sub Divisional Officer and Magistrate Pune for enquiring about the non agricultural certificate which I had not received till then. That time I met the clerk Shri Suhas Soma. He asked me to meet clerk Shri Landge. When I personally met Shri Langde he asked me to meet Shri Sanjaysingh Chavan Sub Divisional Officer Maval. As per that I met Shri Sanjaysingh Chavan Sub divisional Officer Maval personally in his office. At that time he asked me the reason as to why I require the non agricultural land certificate. I told him the reason of petrol pump and also told him the area of land. After that he asked me to meet the clerk Suhas Soma. After I went out of his office, he called his clerk Suhas Soma in his cabin. After Shri Soma came out of the cabin he asked me "At what extent you are ready to pay -. At that time I asked him "What will be the amount of challan -. That time he said that "Challan amount is meager, an additional amount of Rs. 1,00,000/- will have to be paid as practice. If your matter was for house then I would have requested the boss for less amount. But as you are going to do business you should not have any objection to pay Rs.1,00,000/-. At that time I requested the Office Superintendent Mr. Soma that "this amount is huge, some concession be given to me". On that a compromise was made between me and him and he demanded an amount of Rs.75,000/- as a bribe."
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