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(e) The complainant informed that the plot shown to him has been approved. The accused no.2 gave list of documents required for applying for plot. He also informed that draft amount of Rs..27,000/-, would be required towards plot. Complainant left the office.

(f) Complainant conveyed the above facts to Mr.Rathi, who stated that corruption is increasing day by day and he would do something for that. Complainant informed Mr.Rathi, that he would report the matter to police. Mr.Rathi told him to go ahead and in first week of May complainant went to the office of ACB.

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.