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(g) The complainant approached ACB and filed complaint vide Exhibit-77. The complainant was called to the office of ACB on 5th May, 1986. Two panch witnesses were summoned. The complainant visited the office of ACB on 5th May, 1986. Panch witnesses were introduced to him.. 

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      (h)       The complainant produced bribe amount of Rs.17,000/-

(k) Complainant approached ACB on 10th May, 1986 panchas were present. Anthrasin powder was applied to bribe amount. Pre trap panchanama was drawn bribe amount of Rs.3,000/-, was kept in packet. Complainant and panchas followed by raiding party proceeded to MIDC office. No trap was effected. They returned to office of ACB. Complainant was told to visit the office of ACB on 12th May, 1986. Rs.3000/- was taken as a bribe amount. Anthrasin powder was applied to the said amount. The currency notes were kept in one envelope and the said envelope was kept in the Shabnam bag of the complainant. Pre trap panchanama was recorded.

10 P.W.1 has stated that in January 1986 the Director of his company Mr.Rathi told him to find out a plot in MIDC Chinchwad area for factory building of the company. In that connection he contacted office superintendent of MIDC Chinchwad and he was informed that there was no small plot available then. Thereafter he met Regional Manager Mr.Mujawar and even he told him that the plot is not available. P.W.1 informed about the same to Mr.Rathi. After about two days, P.W.1 and his Directors again approached Mr.Mujawar. They were informed that no plot is available and in the event any one surrenders plot then such plot could be alloted to them. At the end of April 1986, rpa 13/37 415-apeal-142-02.doc Mr.Rathi again told PW.1 to make inquiry about the plot. He again went to the office of Mr.Mujawar. However, he was not available. One person who was present at the office inquired with him about the purpose of his visit and introduced him to accused no.2. P.W.1 spoke to Mr.Pardeshi and appraised him about the requirement of plot. Shri Pardeshi told him that two plots are available. He also stated that he would charge Rs.1200/- as his commission and half the price of the plot is required to be deposited by way of draft. Mr.Pardeshi also told him that he will have to pay Rs.15,000/- to Rs.20,000/-, in cash to various officers in MIDC. He also stated that those officers were Regional Manager, Assistant Engineer and Office Superintendent. P.W.1 informed about the said fact to Director Mr.Rathi who told him to go ahead. Thereafter P.W.1 went to the office of Mr.Pardeshi to meet him. He was shown the map and the plots which were available. P.W.1 approved one plot. He was told that a draft for an amount of Rs.27,000/-, will have to be given for applying for the plot. P.W.1 conveyed this fact to Director Mr.Rathi. Mr.Rathi said corruption is increasing and he has to do something. After obtaining instructions from Mr.Rathi, P.W.1 approached the office of ACB in first week of May 1986. He lodged the complaint with the office. He was called in the office on 5th May, 1986. Panchas rpa 14/37 415-apeal-142-02.doc were called. P.W.1 produced amount of Rs.17,000/-, to be used in the trap. Pre-trap panchanama was recorded. Instructions were given to P.W.1 as well as the panchas. The raiding party proceeded to the office of MIDC. P.W.1 and the pancha (P.W.2) entered into the office of MIDC. They met accused no.1. They were informed that accused no.2 was waiting for them for considerable time, and, thereafter, he left the office. They were told to contact accused no.2. P.W.1 contacted accused no.2 on phone. Accused no.2 informed him that the bribe amount was tobe handed over to Mr.Mujawar by going to his residence. He was called near Alka Talkies for visiting house of Mujawar. Thereafter, at about 7:30 p.m., P.W. 1 and panch no.1 went to Alka Talkies. Raiding party followed them. Accused no2. met them. They went towards Mukund Nagar. On reaching near the house of Mujawar, accused no.2 asked them to wait there as he would make inquiry about the availability of Mr.Mujawar. Accused no.2 went to the house of Mr.Mujawar and after returning informed P.W.1 and panch that it is not possible to hand over the amount to Mr.Mujawar as there are guests in his house. Hence, all of them returned to the office of ACB. Trap was withdrawn. Bribe amount was taken from P.W.1 and he was instructed to come on the next day morning at 8:30 a.m. for trap. He further deposed that on 6 th rpa 15/37 415-apeal-142-02.doc May, 1986, he went to the office of ACB. The bribe amount of Rs17,000/- were kept in two packets, one packet was containing Rs.15,000/- and another packet was Rs.2,000/-. Anthresin powder was applied to the bribe amount and the same were kept in an envelope. Both the packets were given to the complainant which were kept by him in the Shabnam bag, which he was carrying. Instructions were given to him and panchas. They proceeded towards MIDC office. P.W.1 and panch no.1 sat in the office of Mr.Mujawar. Accused no.2 came there. Accused no.2 then met Mr.Mujawar. He informed P.W.1 that his work is done. Accused no.2 asked P.W.1 whether he was aware about the phone call from Mr.Rathi to Mr.Mujawar. He told P.W.1 to make enjury about hone call. Thereafter, P.W.1, accused no.2 and panch came downstairs. Accused no.2 left. Trap was withdrawn. Both the packets containing bribe amount were taken by P..I Joshi. After 2 to 3 days, P.W.1 received a phone call from accused no.2 inquiring about the amount to be paid to Mr.Mujwarar and disbursing amount of Rs.3,000/- in office and told him to bring the amount of Rs.3,000/- on 10th May, 1986 in the office of MIDC at 11:30 a.m. Accused no.2 also informed him that the letter of allotment would be issued to the company on 10th May, 1986. P.W.1 approached office of ACB on 10th May, 1986. Again Anthrasin powder was rpa 16/37 415-apeal-142-02.doc applied to bribe amount. Pre-trap panchanama was drawn. Bribe amount of Rs.3,000/- were kept in one packet. The raiding party proceeded towards the office of MIDC. P.W.1 and panch no.1 went in office of MIDC. On 10 th May, 1986, no trap was effected. The complainant could not assign any reason for failure of the trap on10th May, 1986. All of them returned to the office of ACB. Amount was taken from him. P.W.1 was again called at MIDC office on 12th May, 1986. P.W.1 went to office of ACB on 12 th May, 1986. Panchas were present. Again pre-trap panchanama was drawn. Requisite formalities were completed. Anthrasin powder was applied to Rs.3,000/-. P.W.1 and panch no.1 went to the office of MIDC. Raiding party followed them. When they reached at MIDC office, accused no.2 was not there. Accused no.1 approached to them and invited them for tea. Accused no.1 informed that he is getting his work done from the Superintendent. Accused no.2 came to the office at about 1:30 to 2:00 p.m. Accused no.2 met the Superintendent Raje and after meeting him he met the complainant. Accused no.2 handed over allotment letter and agreement to P.W.1. Allotment letter was in the signature of Mr.Mujawar. Accused no.2 inquired as to whether P.W.1 has brought the bribe amount. All them went to ground floor. Accused no.2 told P.W.1 to hand over the amount to rpa 17/37 415-apeal-142-02.doc accused no.1. Panch no.1 suggested not to give bribe amount to the accused and despite suggestion from panch P.W.1, decided to give amount to accused no.1. They went to the canteen. P.W.1 took the packet containing bribe amount and kept the same in front of accused no.1 near the counter. The distance between the counter and the door is one feet. The accused no.2 gave a signal to accused no.1 to accept the amount. Accordingly, accused no.1 took the packet in his hand and kept the same in his pant pocket. P.W.1 then gave signal to the raiding party who entered into the canteen and apprehended the accused. Post trap panchanama was drawn. Amount was recovered.

12 On scrutiny of the evidence of P.W.1, it is apparent that the trap dated 5th May, 1986, 6th May, 1986 and 10th May, 1986, were unsuccessful. He could not give any reason for failure of trap on 10th May, 1986. He also admitted that the bribe amount was to be given to Mr.Mujawar as informed by accused no.2. There was no demand of bribe amount at the instance of accused no.1. from 5th May, 1986 to 12th May, 1986. It is also apparent that rpa 19/37 415-apeal-142-02.doc the allotment letter of the plot was issued in favour of complainant's company. The alleged bribe amount was handed over to accused no.1 at the instance of accused no.2. On 5 th May, 1986, the bribe amount which was tobe handed over to the accused was in the sum of Rs17,000/-. On 6th May, 1986, the amount of bribe was Rs.17,000/- and amount was divided into two parts as Rs.15,000/- and Rs.2,000/-. On 10th May, 1986 bribe amount was Rs.3,000/-. On 12th May, 1986, the amount of bribe was Rs.3,000/- fluctuation in quantum of amount creates doubt about the version of the complainant. It is also clear that the requisite formalities towards allotment of plot were completed. It is not the case of the prosecution that before issuance of allotment letter, the accused kept on demanding the money for allotting the plot. It appears that after the allotment letter was issued on completing the requisite formalities, the alleged trap was effected on 12th May, 1986. Complaint proceeded on the basis that the bribe amount was to be paid to Mr.Mujawar. The amount was not given to Mr.Mujawar on 5 th May, 1986, 6th May, 1986 and 12th May, 1986. The agreement and allotment letter was handed over to P.W.1 on 12th May, 1986 Initially P.W.1 was informed by accused no.2 that cash amount of Rs.15,000/-, to Rs.20,000/- was to be given to MIDC officers and according to P.W.1, the said fact rpa 20/37 415-apeal-142-02.doc was disclosed by him to Mr.Rathi and despite that P.W.1 was informed by Mr.Rathi to go ahead with purchase of plot. However, as per deposition of P.W.1, Mr.Rathi was allegedly concerned about corruption and it was decided to lodge complaint with ACB. The complaint was lodged on 3rd May, 1986. 13 P.W.2 is the panch witness. He has deposed that he was called in the office of ACB on 5 th May, 1986. He was apprised the facts mentioned in the complaint. He has referred to the events of 5th May, 1986, such as recording pre trap panchanama, production of bribe amount, applying anthrasin powder etc. According to him, on 5th May, 1986, he went to MIDC office along with P.W.1. They met accused no.1 who informed them that the work of complainant is done. They were also informed that accused no.2 was waiting for them and he has left the office. Complainant wanted to see the plot allotted to him. Accused no.1 showed P.W.1 the map pointing the plot. It is relevant to note that P.W.1 has not referred to fact that map was shown by accused no.1 on 5th May, 1986. According to P.W.1 map of plot and the plot was shown by accused no.2 prior to 5 th May, 1986. It is pertinent to note that accused no.1 did not make any demand of bribe amount for completing the work. On the same day at about 6:30 rpa 21/37 415-apeal-142-02.doc p.m., the raiding party proceeded to house of Mr.Mujawar with accused no.2. Trap was not effected. P.W.2 then referred to the incident dated 6th May, 1986 and arrangements made for the trap, application of anthrasin powder to the bribe amount etc. He further deposed that the amount of bribe was kept in the Shabnam bag carried by P.W.1. Both of them then went to the office of MIDC. Accused no.2 handed over agreement letter of allotment and other necessary documents. Draft of Rs.27,000/-, was given by complainant to accused no.2. Thereafter accused no.2 was called by Regional Officer in his cabin. Accused no.2 informed the complainant that Regional Manager has received a telephone from Director of Company and that they were acquainted with each other. Accused no.2 told P.W.1 to hand over Rs.2,000/- to enable him to distribute the same amongst senior staff. Complainant did not handover the amount to accused no.2. Evidence of P.W.2 is contrary to P.W.1. According to PW.1 agreement, allotment letter was handed over on 12 th May, 1986. Trap could not be effected and, hence, the same was withdrawn. On 12th May, 1986, P.W.2 was called in the office of ACB and the complainant informed that amount of Rs.3,000/- was only to be handed over and no amount was to be handed over to Regional Manager due to telephonic call between the Regional Manager rpa 22/37 415-apeal-142-02.doc and Director of company. Hence, Anthrasin powder was applied to the amount of Rs.3,000/-, which was kept in the packet. Thereafter they proceeded to MIDC office. They met accused nos.1 and 2. Complainant was informed that his work is done. Accused no.2 told the complainant to hand over packet containing Rs.3,000/- to accused no.1. Thereafter, all of them went to the canteen. Complainant took out the packet from his Shabnam bag and handed over the same to accused no.1, on instructions of accused no.2. Thereafter, to signal was given to the members of raiding party and accused were apprehended. The bribe amount was recovered. Anterasin powder was noticed on the hands and pant pocket of accused no.1. Post-trap panchanama was recorded.