NALINI RANJAN BISWAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two appeals are directed against the judgment and order dated 11th May, 1992 of the Special Judge, C.B.I., Patna passed in Special Case No. 49 of 1988 whereby appellant Nalini Ranjan Biswas (appellant in Cr. Appeal No. 90. of 1992) has been convicted under Section 120-B read with Section 161 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year and a fine of Rs.1,000/- (one thousand), in default of payment of fine to undergo rigorous imprisonment for three months Appellant Shideshwar Prasad Singh @ Sudho Babu (appellant in Cr. A. No. 94 of 1992) has been convicted under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act 1947 and sentenced to undergo rigorous imprisonment for two years and a fine of Rs. 1,000/- and in default of payment of fine, to undergo rigorous imprisonment for three months. He has also been convicted under Section 161 read with Section 120-B of the Indian Penal Code but no separate sentence has been passed for these offences.

(2.) The FIR (Ext/13) of the case was registered on the basis of letter bearing Endt. No. 4989/3/26 (A)/88-PAT dated 2nd August 1988 of the Deputy Superintendent of Police, SPE/CBI, Patna who mentioned in the letter that the informant Satto Poddar appeared in the CBI Office on 2nd August 1988 at 11.00 a.m. and gave out a written complaint (Ext-2) in Deonagari Script, the copy of which was annexed with the letter constituting the FIR. In the written complaint, the informant alleged that on 1st February 1988 he had auction purchased unserviceable fragmented gunny bags from the FCI, Mokamah. After depositing the auction money, he obtained release Order No. 11 dated 10th February 1988. Thereafter, he contacted the Depot Manager, FCI, Mokamah for taking delivery of the auction purchase, unserviceable fragmented bags. But the Depot Manager and Co-worker Shidheshwar Prasad Singh (the appellant) demanded a bribe of Rs. 20/- per quintal for effecting the delivery. He (the informant) refused to pay the demanded bribe and insisted that the delivery had to be given according to the paper i.e. R.O. whereupon the Depot Manager stated that in case of non-payment, he (the informant) will have to run from piller to post for months. And it also so happened that he (the informant) remained pursuing the matter in the office of the District Manager and the Depot Manager for months but in vain. Thereafter, he intimated the Regional Manager about the position. It was again on 1st August 1988 that he (the informant) requested the Depot Manager Sri A.N. Biswas and Sudho Babu (the appellant) who was present in the office stated in presence of Sri A.N. Biswas (the appellant) that he (the informant) may get a program for 3rd August 1988 for getting delivery but he (the informant) will have to pay Rs. 300/- for delivery of 15 quintals of used fragmented bags and that in case of non-payment, no proper delivery would be effected. Sudho Babu (the appellant) also stated that every purchaser who wanted to get proper delivery was required to pay some money as expenses in the office. Sri Biswas supported the stand of Sudho Babu (the appellant) and stated that Sudho Babu was saying correct things. He (the informant) suspected that both the appellants were in collusion hence, he kept quiet. Then he (the informant) came to the CBI Office and by filing a petition stated that he was going to take delivery of used fragmented bags and he will be compelled to pay the bribe money for taking delivery of used fragmented bags and hence, he prayed for suitable action in this regard. After recording the FIR on the basis of the written report dated 2nd May 1988 of the informant Satto Poddar, it appears that on the ensuing day i.e. 3rd August 1988, the CBI people constituted a Trap Party for detecting the transaction of bribe money and recovery of the same. Further case of the prosecution is that PW 15 A.K. Srivastava, Deputy Superintendent of Police, CBI who was leading the Trap Party proceeded for FCI, Mokamah in the morning of 3rd August 1988 with the informant Satto Poddar as well as PW 2, PW 5, PW 9 and PW 12 who were the officers of the CBI as well as some other officials from other departments to stand as witnesses in the Trap Party and they reached Bharat Wagon Guest House, Mokamah and stayed there. The informant Satto Poddar who was also in the Trap Party had brought three currency notes of Rs. 100/- denomination each which were treated with phenolpthalien powder and were placed in the hands of PW 5 and then the fingers of PW 5 were dipped in the solution of sodium carbonate the colour of which turned into pink from white. This was done as a demonstration and that the demonstration of pre-trap memorandum (Ext-3) was prepared.

(3.) Then the further case of the prosecution is that phenolpthalien treated notes were given to the informant Satto Poddar who was asked to give it to the appellant, on demand and the other members of the Trap Party remained at different place nearby the Shed No. 5 from where delivery of fragmented bags was to be taken. PW 5 particularly accompanied the informant Satto Poddar to witness the passing of the tainted bribe money to the appellant. Then it is said that informant Satto Poddar went to appellant Shidheshwar Prasad Singh in Shed. No. 5 of FCI Godown, Mokamah with his truck and he requested for effecting delivery of the used fragmented bags according to the release order. On his being so asked, appellant Shidheshwar Prasad Singh asked "Have you brought the money?" Then Satto Poddar said - "Yes" and he gave out the Phenalpthalien treated three currency notes of 100/- denomination to him (Shidheshwar Prasad Singh) who counted it and kept it in the pocket of his KURTA (Shirt). Then the informant Satto Poddar and PW 5 both came out of Shed No. 5 and gave signals by putting towel on hand and combing the hair and on this signal other members of the Trap Party rushed to the place and appellant Shidheshwar Prasad Singh was challenged that he had received a bribe of Rs, 300/- and that on hearing this, appellant Shidheshwar Prasad Singh @ Sudho Babu trembled and he stated that a mistake was committed by him. Then the further case of the prosecution is that both the hands of appellant Shidheshwar Prasad Singh were caught hold of by the members of the Trap Party and his fingers were washed in solution of sodium carbonate which turned into pink colour from white. The lower left pocket of KURTA from which the recovery of the tainted bribe money is said to have been recovered was also dipped in solution of sodium carbonate and it also resulted into change of colour of the solution to pink from white. It is said that the solution of sodium carbonate which had changed colour during the pro-trap demonstration as well as the solution used for the same after recovery of the money were kept in bottles and sealed and were sent for chemical examination. It is further said that the chemical examination report (Ext-18) was received which shows that the solution of sodium carbonate sent for chemical examination contained Phenolpthalien. Hence on the basis of the allegations as made by Satto Poddar in his written report constituting the FIR as well as the recovery of the tainted bribe money from the possession of the appellant Shidheshwar Prasad Singh @ Sudho Babu, it was said that he had demanded bribe money which he received and which was also recovered from his possession. About the other appellant, i.e. N.R. Biswas, the allegation in the written report of the informant Satto Poddar was that he was in collusion with the appellant Shidheshwar Prasad Singh in the demanding of the bribe money. Thus, after the recovery of the money in the manner as alleged from the possession of the appellant and the receipt of Chemical Analyst's report (Ext-16) and on obtaining sanction for prosecution (Ext-12) charge-sheet was filed and the appellants were put on trial. Then on conclusion of trial, the appellants have been convicted and sentenced as above.