Himachal Pradesh High Court
Yogesh Bali vs State Of H.P on 4 May, 2016
Author: Rajiv Sharma
Bench: Rajiv Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
Cr. Appeal No. 108 of 2013.
Reserved on: May 03, 2016.
.
Decided on: May 04, 2016.
Yogesh Bali ......Appellant.
Versus
State of H.P. .......Respondent.
Coram
The Hon'ble Mr. Justice Rajiv Sharma, Judge.
Whether approved for reporting? 1 Yes.
of
For the appellant: Mr. N.S.Chandel, Advocate.
For the respondent: Mr. Parmod Thakur, Addl. AG.
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Justice Rajiv Sharma, J.
This rt appeal is instituted against the judgment dated 20.3.2013, rendered by the learned Special Judge, Solan, H.P., in Corruption Case No. 7-S/7 of 2011, whereby the appellant-accused (hereinafter referred to as the accused), who was charged with and tried for offences punishable under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the Act" for conveniencesake) was convicted and sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs. 10,000/- and in default of payment of fine to further undergo imprisonment for two months under Section 7 of the Act. He was further sentenced to undergo imprisonment for two years and to pay a fine of Rs. 20,000/- and in default of payment of fine to undergo imprisonment for six months under Section 13(2) of the Act. The sentences were ordered to run concurrently.
11 Whether reporters of the local papers may be allowed to see the judgment?
::: Downloaded on - 15/04/2017 20:16:22 :::HCHP 22. The case of the prosecution, in a nut shell, is that the accused was posted as Sr. Assistant in the office of Assistant .
Commissioner, Parwanoo, during the month of April-May, 2011. Amar Nath (PW-1) approached the accused for obtaining NOC regarding sale of Tipper bearing regn. No. HP-15-B-9803, which was owned by the father of the complainant, namely, Gopal Chand on 30.4.2011. The complainant handed over the complete papers regarding payment of taxes and other of connected documents to the accused qua which receipt Ext. PW-4/C was issued by PW-4 Monika, Jr. Assistant.
rt The accused demanded Rs.
3,000/- from the complainant on account of "Sewa Pani" and asked the complainant to come after 2-3 days. On 4.5.2011 at about 11:30 AM, when the complainant was at Parwanoo, he came to know that Vigilance Officials were present at Parwanoo Rest House. He along with PW-2 Kartar Chandel went to the Rest House, Parwanoo, where he handed over a complaint Ext. PW-1/A to PW-14 Ramesh Sharma, Dy. S.P., SV & ACB, Solan, regarding illegal demand of Rs. 3000/- by the accused for issuance of NOC for transfer of the vehicle. The complaint was forwarded to the Police Station through Const. Kishan Lal (PW-6), after making endorsement Ext. PW-14/A by Ramesh Sharma, on receipt of which FIR Ext. PW-7/B was recorded. All the codal formalities were completed on the spot. Complainant entered into the room of the accused whereas PW-2 Kartar Chandel kept standing at the door. The complainant enquired about the NOC. The accused asked for "Sewa Pani", upon which the complainant handed over the treated currency notes amounting to Rs.
3000/- to the accused who handed over the NOC to the complainant. The ::: Downloaded on - 15/04/2017 20:16:22 :::HCHP 3 currency notes were kept by the accused in his pocket and thereafter the same were put in a telephone directory which was lying on the table of the .
accused. The complainant and Kartar Chandel signaled to the other members of the trap party who entered in the office of the accused and accused was caught hold by the members from his arms. The hand wash of the accused was conducted in a plate with plain water whose colour did not change. Thereafter, the solution of sodium carbonate was prepared of separately and was mixed with the hand wash of the accused and its colour changed into pink. The solution was put in glass nip which was rt packed and sealed with seal impression "E" and was seized vide memo Ext. PW-1/C. The currency notes were put in envelope which were sealed with seal impression "E" and were seize vide memo Ext. PW-1/D and sample of seal Ext. PW-2/B was taken separately and seal after use was handed over to witness Kartar Chandel. The complainant produced two copies of NOC which were seized vide memo Ext. PW-1/F and telephone directory Ext. P-7 was seized vide memo Ext. PW-2/C. Site plan Ex. PW-
14/C was prepared. The case property was deposited in the malkhana.
The statements of the witnesses were recorded. The investigation was completed and the challan was put up before the Court after completing all the codal formalities.
3. The prosecution, in order to prove its case, has examined as many as fourteen witnesses. The accused was also examined under Section 313 Cr.P.C. He denied to have demanded any money from the complainant. The learned trial Court convicted and sentenced the accused, as noticed hereinabove. Hence, this appeal.
::: Downloaded on - 15/04/2017 20:16:22 :::HCHP 44. Mr. N.S,Chandel, Advocate, has vehemently argued that the prosecution has failed to prove its case against the accused. On the other .
hand, Mr. Parmod Thakur, Addl. Advocate General has supported the judgment of the learned trial Court dated 20.3.2013.
5. I have heard the learned counsel for both the sides and have also gone through the judgment and records of the case carefully.
6. PW-1 Amar Nath deposed that he had prepared the complete of papers with regard to deposit of taxes and thereafter deposited the same in the office of Assistant Commissioner, Parwanoo, where he met Yogesh rt Bali. He gave papers to Yogesh Bali and receipt was given to him by Monika who was also working there. He talked with Yogesh Bali with respect to the NOC. When he talked with Yogesh Bali, he asked for "Sewa Pani" and asked for Rs. 3000/-. This talk took place on 30.4.2011.
Yogesh Bali asked him to come after 2-3 days. Yogesh Bali had told him that he would not be in the office during this period. On 4.5.2011 at about 11:30 AM, when he was at Parwanoo, he met one of his Uncle who was in the Police and from whom he took the telephone number of Vigilance. When he reported the matter to the Vigilance Office at Solan, they informed him that the Vigilance Officers are already at Parwanoo and he should go to Parwanoo Rest House. He along with Kartar Chandel went to Rest House Parwanoo where they met the vigilance party. He gave an application to the vigilance police at Parwanoo Rest House. Thereafter, Block Officer of Forest was associated by the Vigilance Officer. He gave currency notes to Kartar who further handed over it to the police. The currency notes were of the denomination of Rs. 1000/- and Rs. 500/-.
::: Downloaded on - 15/04/2017 20:16:22 :::HCHP 5One note was of Rs. 1000/- and four notes were of Rs. 500/-. Thereafter, police took a glass tumbler and added water into it and got the hands of .
Kartar washed in that tumbler, the colour of which did not change. The Dy. S.P. treated the currency notes with another powder and handed over those currency notes to Kartar who had put those notes in his right pocket of the shirt. The Dy. S.P. had ensured that he was not having any currency notes in his pocket. Thereafter the hands of Kartar were got of washed in the solution contained in the tumbler already prepared, the colour of which changed into pink.
rt The police had recorded the serial
numbers of the currency notes on a paper. He was instructed to give
signal by putting of his cap and Kartar had been instructed that after the receipt of his signal, he would take his hand around his head in circle wise twice. The powder with which the currency notes were treated were kept by the police party in the Rest House. Thereafter, they were sent to the office of Assistant Commissioner, Parwanoo and he entered into the room of the accused and Kartar kept standing at the door. He enquired about his NOC on which Mr. Bali asked for "Sewa Pani". He delivered the treated currency notes amounting to Rs. 3000/- to Mr. Bali and he gave NOC to him. Yogesh Bali put those currency notes in his pocket and thereafter kept these notes in telephone directory which was lying on the table. Thereafter, he gave signal putting off his cap. Within short time, the whole police party along with Kartar and Prem appeared on the scene of occurrence. The police caught hold of accused from his upper arms and was made to sit on his chair. The police also associated one J.E..
The hands of the accused were got washed in a white coloured plate ::: Downloaded on - 15/04/2017 20:16:22 :::HCHP 6 which was with the vigilance police with plain water, the colour of the hand wash remained clear and thereafter police took one glass tumbler .
and added powder into it, the colour of which also remained clear but when the hand wash was mixed with powder solution, it turned into pink colour. The police took the hand wash into a glass nip and packed and sealed it. In his cross-examination, he testified that he did not remember whether he had got recorded in his statement under Section 161 Cr.P.C.
of that he had a talk about getting of NOC with accused or that on 30.4.2011 he demanded "Sewa Pani" and Rs. 3000/-.
rt He did not remember whether he had got recorded in his statement under Section 161 Cr.P.C. that Yogesh Bali gave him NOC or gave it after receiving the amount. He did not remember whether he had got recorded in his statement under Section 161 Cr.P.C. that after taking out the notes from his pocket accused kept the same in telephone directory. He further deposed that when he entered the room of the accused to hand over the alleged bribe, Monika and computer clerk were present. Volunteered that they were busy. Two-three other people had also come to get their work done in the same room nearby. He admitted that Kartar was his employee and was also employed during those days. He did not go to receive the NOC before 4.5.2011. Volunteered that he had telephoned the accused.
7. PW-2 Kartar Chandel has corroborated the statement of PW-1 Amar Nath. He was a shadow witness. He testified that after reaching the office of Assistant Commissioner, Parwanoo, Amar Nath went inside the room of Yogesh Bali and he kept standing at the door. He saw that as ::: Downloaded on - 15/04/2017 20:16:22 :::HCHP 7 soon as PW-1 Amar Nath asked for the NOC, acused asked for money which was given to him and thereafter Amar Nath put off his cap from his .
head and thereafter signaled by encircling his hand around his head. The police reached the spot within two seconds. Thereafter, police also associated one J.E. The police got the hands of the accused washed in a white coloured plate with the plain water, the colour of which remained clear. Thereafter, powder was put in that plate by the Vigilance official of which turned into pink. The police took this hand wash into a glass nip which was packed and sealed with seal impression "E" and a paper was rt affixed on the nip and his signatures were taken along with others on the nip. He identified notes Ext. P-2 to P-6. In his cross-examination, he admitted that he has written the application Ext. PW-1/A. There were many persons present in the office of Assistant Commissioner, Parwanoo when they reached there. He admitted that one female clerk and one computer clerk were sitting in the room. Volunteered that they were busy.
8. PW-4 Monika Gauri, has proved documents Ext. PW-4/A and Ext. PW-4/B. According to her, the complainant had come to her office on 30.4.2011 and at that time, the then RLA (AC) was on protocol duty and after checking the documents, he prepared the receipt Ext. PW-4/C. She signed it. The Assistant Commissioner, Parwanoo came in the office after lunch and then the file was cleared by him and thereafter, she prepared the NOC and the same remained with her. Nobody took the NOC from her on that day. The NOC was prepared on 2.5.2011 and was received by Gopal Chand Mehta applicant on 3.5.2011. No official of their ::: Downloaded on - 15/04/2017 20:16:22 :::HCHP 8 office had taken this NOC. Yogesh Bali did not take the copies of NOC.
Four copies of NOCs were prepared out of which two were delivered to the .
applicant and one was kept in their record and one was kept in the register. Yogesh Bali did not give the copies of NOC to anyone in her presence. She was declared hostile and cross-examined by the learned Public Prosecutor. She denied that application for NOC was filed by Amar Nath son of Gopal Chand Mehta. She denied that Yogesh Bali had taken of two copies of NOC of this case from her. She denied that Amar Nath had come in her room on 4.5.2011.
rt She admitted that in her office room
Yogesh Bali and one computer clerk also sit. She denied categorically
that on 4.5.2011 Yogesh Bali had delivered two copies of NOC to Amar Nath. She also denied that on 4.5.2011 after the delivery of copies of NOC, the Vigilance Police Officials had come in their office room. She also denied that Yogesh Bali was caught hold of by Vigilance officials from his arm. She denied that Rs. 3000/- were also recovered from the telephone directory in the hands of Yogesh Bali. She was working with Yogesh Bali for the last 4 years. She admitted that every document used to be processed through Yogesh Bali to the Assistant Commissioner. She was cross-examined by the learned defence counsel. She admitted that on 4.5.2011, the vigilance officials had straightway come to the office room of Assistant Commissioner. There was no partition between the tables in her office room.
9. PW-5 Rajiv Kumar deposed that he remained posted as Assistant Commissioner, Parwanoo w.e.f. 25.8.2010 to February, 2012.
At that time the Sr. Assistant was Yogesh Bali and Monika was clerk and ::: Downloaded on - 15/04/2017 20:16:22 :::HCHP 9 Rameshwar Thakur was computer clerk. In his presence, document was presented to him and thereafter, he used to mark the same to the .
concerned clerk and in his absence when he used to be on protocol duty, the documents used to be presented to Yogesh Bali, who used to mark it to the dealing clerk and in the absence of both of them, dealing clerk Monika used to issue the receipt and thereafter in routine used to put up the documents to him. He identified signatures of Monika on Ext. PW-
of 4/C at point-A. He identified his signatures on Ext. PW-4/A and letter Ext. PW-5/A was also signed by him.
rt
10. PW-7 HC Yog Raj deposed that on 17.6.2011, HHC Balbir Singh handed over report of the FSL along with the case property to him.
He made entry of the same in the malkhana register.
11. PW-11 Prem Singh Thakur, deposed that on 4.5.2011, he was present in his office at Parwanoo. One Inspector from Vigilance Police came to their office and filed an application for taking part in the trap proceedings. The application was Ext. PW-11/A. He was taken to the Rest House. He was told by the police officials that Yogesh Bali was demanding Rs. 3000/- for issuance of NOC. Thereafter, Amar Nath took out currency notes consisting of one currency note of denomination of Rs.
1000/- and four currency notes of Rs. 500/- denomination each and handed over to Kartar who thereafter handed over to the police. The codal formalities were completed on the spot. Thereafter, Amar Nath and Kartar were instructed to hand over the treated currency notes after the receipt of NOC from the accused. They were also instructed to give signal to the rest of the members of the trap party. He remained outside. Thereafter, ::: Downloaded on - 15/04/2017 20:16:22 :::HCHP 10 both of them came out and Amar Nath gave signal by touching his head with his hands and thereafter vigilance team along with him entered the .
room. The accused was caught hold of from his wrists. J.E. of the M.C. area was also associated. The hands of Yogesh Bali (sic. Umesh Bali) were got washed in a plate with plain water, its colour remained clear and thereafter a solution of sodium carbonate prepared in a glass was mixed with the handwash in a plate and its colour change like the colour in the of Rest House. In his cross-examination, he deposed that they reached the Office of Assistant Commissioner, Parwanoo at about 3:00 PM. He denied rt that he was called to the Vigilance Office to make him understand as to what was to be stated in the Court. He did not disclose it in his statement that Amar Nath and Kartar need NOC and for that accused was demanding Rs. 3000/-. He had got recorded in his statement under Section 161 Cr.P.C. that Amar Nath was advised to give the money to the accused on his demand. (Confronted with statement Mark-DX wherein it is not so recorded). He had also got it recorded that Amar nath was advised to hand over the money to the accused when he would get NOC from him. (Confronted with statement Mark-DX wherein it is not so recorded). He had not disclosed to the police in his statement that police demanded the bribe money from the accused. He had got it recorded in his statement that the accused then took out diary from the drawer of his office table. (Confronted with statement Mark-DX wherein it is not so recorded). He had got it recorded in his statement that all the documents were got written in the room of A.C. (Confronted with statement Mark-DX wherein it is not so recorded).
::: Downloaded on - 15/04/2017 20:16:22 :::HCHP 1112. PW-12 Paul Rasu has granted the prosecution sanction against the accused.
.
13. PW-14 Ramesh Sharma, testified that he along with other police officials were on collection of secret information at PWD Rest House, Parwanoo, where one person, named Amar nath along with Kartar Chandel came to them and filed written application Ext. PW-1/A. He had made allegations against Yogesh Bali, Sr. Assistant in the office of of Assistant Commissioner, Parwanoo for making illegal demand of Rs.
3000/- for the purpose of issuing NOC for the transfer of his vehicle rt which was in the name of his father. He also associated independent witness Prem Thakur. He also gave pre-trap demonstration. The complainant and the shadow witness were sent in the office of Assistant Commissioner, Parwanoo and they remained outside. After some time, they received signal from the shadow witness and he immediately along with the trap team and Prem Thakur rushed inside the office of the accused. The accused was on his seat. The police raiding party members caught hold of accused from his wrists. The accused had stood up in the beginning but he was made to sit in the chair. Thereafter, complainant told them that he had paid Rs. 3000/- to the accused on his demand which he had voluntarily accepted and kept in the telephone directory lying on the table. Then the hands of the accused were washed in a plate with plain water, the colour remained clear. Thereafter, solution of sodium carbonate was prepared in a glass tumbler which was also colourles but when solution of sodium carbonate was mixed with hand wash, it turned into pink. The pink solution was taken in a glass nip ::: Downloaded on - 15/04/2017 20:16:22 :::HCHP 12 which was packed and sealed with seal impression "E". It was taken into possession vide Ext. PW-1/C. One J.E. of M.C. Parwanoo was also .
associated in the proceedings. The accused was arrested. The case property was deposited in the malkhana. He denied the suggestion in his cross-examination that when the complainant went inside the office of the accused, the accused was in the office room of A.C. where he tried to put the currency notes forcibly in his pocket which was resisted by the of accused.
14. The case of the prosecution, in a nut shell, is that the rt accused was working as Sr. Assistant in the office of Assistant Commissioner, Parwanoo. According to the complainant, the accused demanded Rs. 3000/- on account of "Sewa Pani" from him on 30.4.2011 for supplying the copies of NOC. He supplied all the documents to PW-4 Monika. Thereafter, he filed complaint Ext. PW-1/A. The pre-trap demonstration was given to them. The complainant handed over the currency notes to the police officials. These were noted and thereafter raiding party went to the office of Assistant Commissioner, Parwanoo.
The accused handed over the NOC to the complainant PW-1 and he paid him Rs. 3000/-. PW-1 Amar Nath gave signal to PW-2 Kartar Chandel, who in turn gave signal to the trap party. The trap party reached the spot and money was recovered from the diary of the accused. Hand wash process of the accused was undertaken. The currency notes were also tallied.
15. Mr. N.S.Chandel, Advocate, for the accused has vehemently argued that the prosecution has failed to prove that the accused has ::: Downloaded on - 15/04/2017 20:16:22 :::HCHP 13 demanded money from the complainant. It is evident from the complaint Ext. PW-1/A, that the accused had demanded sum of Rs. 3000/- for .
issuance of NOC. Merely that it is not stated in the complaint Ext. PW-
1/A that the accused has demanded "Sewa Pani", would not demolish the case of the prosecution.
16. PW-1 Amar Nath has testified that he went to the Rest House Parwanoo. He gave an application to the vigilance police at Parwanoo of Rest House. Thereafter, he along with PW-2 Kartar Chandel were sent to the office of Assistant Commissioner, Parwanoo and he entered into the rt room of the accused and Kartar kept standing at the door. He enquired about his NOC on which Yogesh Bali asked for "Sewa Pani". He delivered the treated currency notes amounting to Rs. 3000/- to Yogesh Bali and he gave NOC to him. Yogesh Bali put those currency notes in his pocket and thereafter kept these notes in telephone directory which was lying on the table. Thereafter, he gave signal putting off his cap. Within short time, the police party along with Kartar and Prem reached the spot. The police caught hold of the accused red handed with currency notes. PW-2 Kartar Chandel has written complaint Ext. PW-1/A. He was the shadow witness.
He accompanied PW-1 Amar Nath along with other witnesses to the spot.
He gave signal to the trap party and trap party reached the spot and money was recovered from the accused who was working as Sr. Assistant in the office of Assistant Commissioner, Parwanoo.
17. PW-11 Prem Singh Thakur has supported the case of the prosecution. According to him, PW-1 Amar Nath took out currency notes consisting of one currency note of denomination of Rs. 1000/- and four ::: Downloaded on - 15/04/2017 20:16:22 :::HCHP 14 currency notes of Rs. 500/- denomination each and handed over to Kartar who thereafter handed over to the police. The pre-trap .
demonstration was given. Thereafter, Amar Nath and Kartar were instructed to hand over the treated currency notes after the receipt of NOC from the accused. They were also instructed to give signal to the rest of the members of the trap party. He remained outside. Thereafter, both of them came out and Amar Nath gave signal by touching his head of with his hands and thereafter vigilance team along with him entered the room. The accused was caught hold of from his wrists. The process of rt hand wash of the accused was undertaken. Similarly, PW-14 Ramesh Sharma, has also deposed that the complainant and the shadow witness PW-2 Kartar Chandel were sent to the office of Assistant Commissioner, Parwanoo and they remained outside. After some time, they received signal from the shadow witness and he immediately along with the trap team and Prem Thakur rushed inside the office of the accused.
Thereafter, complainant told them that he had paid Rs. 3000/- to the accused on his demand which he had voluntarily accepted and kept in the telephone directory lying on the table. Then the hands of the accused were washed. He denied the suggestion in his cross-examination that when the complainant went inside the office of the accused, the accused was in the office room of A.C. where he tried to put the currency notes forcibly in his pocket which was resisted by the accused.
18. PW-4 Monika Gauri, has proved documents Ext. PW-4/A and Ext. PW-4/B. According to her, the applicant came to her office for issuance of NOC on 30.4.2011. At that time, the then RLA (AC) was on ::: Downloaded on - 15/04/2017 20:16:22 :::HCHP 15 protocol duty and after checking the documents, he prepared the receipt Ext. PW-4/C. She signed it. The Assistant Commissioner, Parwanoo .
came in the office after lunch and then the file was cleared by him and thereafter, she prepared the NOC and the same remained with her.
Nobody took the NOC from her on that day. The NOC was prepared on 2.5.2011 and was received by Gopal Chand Mehta applicant on 3.5.2011.
No official of their office had taken this NOC. Yogesh Bali did not take the of copies of NOC. She was declared hostile and cross-examined by the learned Public Prosecutor.
rt She categorically admitted that every document used to be processed through Yogesh Bali to the Assistant Commissioner. PW-5 Rajiv Kumar, has also testified that he used to mark the documents to concerned clerk and in his absence when he used to be on protocol duty, the documents used to be presented to Yogesh Bali, who used to mark it to the dealing clerk and in the absence of both of them, dealing clerk Monika used to issue the receipt and thereafter in routine used to put up the documents to him. The NOCs supplied to the complainant are Ext. PW-1/E and PW-1/E-1 which were taken into possession by the police vide memo Ext. PW-1/F. There are no material contradictions in the statements of PW-1 Amar Nath, PW-2 Kartar Chandel, PW-11 Prem Singh Thakur and PW-14 Ramesh Sharma.
19. The defence taken by the accused that he has been falsely implicated has not been corroborated. The plea taken by him that the complainant has forcibly tried to put currency notes into his pocket and in the process the currency notes might have touched his hands cannot be believed. The accused was present in the office at that time. No ::: Downloaded on - 15/04/2017 20:16:22 :::HCHP 16 evidence has been led by the accused that the complainant had strained relations with him. PW-4 Monika was also working in the office of the .
Assistant Commissioner. The accused was her immediate superior official. In case PW-4 Monika has handed over the NOC to the father of the complainant, she should have obtained the receipt for the same. It is reiterated that she has admitted in her cross-examination that every document used to be processed through the accused before placing the of same before the Assistant Commissioner.
20. The accused has prepared report Ext. PW-4/A in the capacity rt of Senior Assistant. It was submitted to Assistant Commissioner for issuance of NOC. The accused has played a major role in processing the application of the father of the complainant in the issuance of NOC. It has come on record that NOCs were used to be issued only on the recommendation of the accused. There is no evidence to prove that the NOC as per the statement of PW-4 Monika was prepared on 2.5.2011. In case Gopal Chand Mehta, father of the complainant had received NOC, there was no occasion for him to falsely implicate the accused on 4.5.2011.
21. The report of the FSL is Ext. PW-8/A. It has come in the report that the traces of Phenolphthalein and sodium carbonate were detected in the contents of parcel P/1. It further proves that the accused has handled the currency notes prior to putting the same in his telephone directory. The accused has also admitted in his statement made under Section 313 Cr.P.C. before the trial Court that nip containing his hand wash was found to be containing traces of phenolphthalein and sodium ::: Downloaded on - 15/04/2017 20:16:22 :::HCHP 17 carbonate in chemical examination, thus, corroborating the version of the prosecution that he has accepted the bribe money from the complainant .
being a public servant for issuance of NOC. The learned trial Court has rightly relied upon Section 20 of the Act. The prosecution has fully proved that the accused had accepted the gratification. This gratification was received by him for the issuance of NOC in favour of the father of the complainant. The accused has received this gratification as motive or of reward for doing an official act thereby proving the commission of an offence under Section 7 of the Act and criminal misconduct.
rt
22. Accordingly, there is no merit in this appeal, the same is dismissed.
May 04, 2016, ( Rajiv Sharma ),
(karan) Judge.
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