Document Fragment View

Matching Fragments

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.”

4. On the basis of the above complaint, the vigilance arranged a trap. The First Information Report narrates the events as follows:

“As the complaint filed by the complainant Mr. Dattatraya Phalke is of a crime which comes under Anti Corruption Act and as we are authorized to take cognizance of such crime on the basis of complaint filed by Mr. Phalke by deciding to arrange for a trap for arresting Mr. Chavan, Sub-Divisional Officer and Sub-Divisional Magistrate, Sub Division Maval, Pune and Mr. Soma, Office Superintendent (Shirastedar), Sub Divisional Office, Maval Pune while taking bribe from complainant Mr. Phalke and for that purpose by giving a written letter to the Hon’ble Medical Superintendent, Regional Mental Hospital, Yerawada, Pune from their office, the services of 1) Dr. Amol Ranganath Jadhav, age 25 years, Occupation-Service– Medical Officer, Regional Mental Hospital, Yerawada, Pune-6, residing at C-43, B. J. Medical College Hostel, Near Collector Office, Pune-48, 2) Dr. Sham Bandu Badse, age 55 years, Occupation–Service, Medical Officer, Regional Mental Hospital, Yerawada, Pune-6, residing at Sunderban Sadan, Nandanwan, Lohagon, Pune-48, got available as the Panch witnesses. The complainant and the Panch witnesses were introduced to each other. The complaint filed by the complainant was briefly stated to the Panchas. Accordingly, we gave the complaint filed by the complainant for reading to panch witnesses and after getting assured that the same is correct, they signed below it. Thereafter, it was unanimously decided to verify the complaint filed by the complainant Mr. Phalke in connection with the bribe demanded by the Sub–Divisional Officer and Sub-Divisional Magistrate, Sub Division Maval, Pune Mr. Sanjaysingh Chavan and Office Superintendent (Shirastedar).
On 23/11/2010 at 10:00 o’clock in the morning the aforesaid panchas, complainant Mr. Phalke appeared in the Pune office of Anti-Corruption Bureau. Thereafter, the list of all the valuable things which were with the complainant Mr. Phalke was made. The complainant and panch wintnesses were informed about the Anthrasin powder and ultraviolet light and its demonstration was also shown. Anthrasin powder was applied to all the notes of amount Rs. 75,000/- presented by the complainant for giving it as bribe and the said notes were folded and kept in the right side pocket of the complainant’s pant. Mr. S.K. Satpute, Police/614, who applied Anthrasin powder to the notes and who showed demonstration were eliminated from the action of trap. The detailed instructions were given to panch witnesses, complainant and other officers/staff from team of trap regarding the action of trap. Accordingly, a detailed pre-trap panchanama was drawn in our office. The trap was arranged on 23/11/2010 at the office of Sub-Divisional Officer and Sub Divisional Magistrate Maval, Pune, Sub-Division 1 in the new administration building when at about 12.02 o’clock afternoon in the presence of panch No.1 Mr. Jadhav, the public servant Mr. Suhas Ramesh Soma, age 46 years, Office Superintendent (Shirastedar), Sub Divisional Office Maval, Sub Division Pune, demanded the amount of bribe from complainant Mr. Phalke and personally opened the drawer No.2 which is on the right hand side of his table and asked complainant Mr. Phalke to keep the amount in it. Accordingly, as complainant Mr. Phalke kept the said amount in the said drawer the public servant Mr. Soma was caught red handed. When the documents/papers which came in contact of the bribe amount were examined in the lamp of ultraviolet light, then the faint bluish shine of anthrasin powder was seen upon it. The numbers of notes from bribe amount were compared with the numbers of notes mentioned in the pre-trap panchanama. It was seen that they are absolutely accurate with all the numbers of notes mentioned in the pre-trap panchnama. As the said amount of bribe is the same amount which public servant Mr. Soma received from complainant Mr. Phalke and as the shining of anthrasin powder was seen on it, the same was seized and sealed in presence of panchas. All the conversations regarding demand of bribe amount between complainant Mr. Phalke, public servant Shri Chavan and Soma was recorded and it was heard in the presence of panchas and its script was prepared and its mention has been made in panchanama. Likewise, when an enquiry was made with Panch No.1 Mr. Jadhav he told that public servant Mr. Soma personally said that he has received the said amount of bribe as per the instructions of Mr. Sanjaysingh Ramrao Chavan, age 44 years, Sub-Divisional Officer and Sub-Divisional Magistrate, Maval Sub Division Pune. A detailed Panchnama of all the incidences which took place at the time of trap was drawn in the presence of panchas and the copy of the same was given to public servant Shri Sanjaysingh Chavan and Suhas Soma and their signatures were obtained.”

5. The investigating officer submitted his report under Section 173(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.PC”) though wrongly mentioned as 169 Cr.PC. To quote from the closure report:

“From overall investigation of the said crime and from documents and evidence received, for filing case under Section 7, 12, 13(1) (D) r/w. 13(2) of Prevention of Corruption Act, 1988 as per the provisions in Confidential Circular No.CDR/1099/Pra.Kra.62/99/11-A dated 03/04/2000 of the Maharashtra Government, General Administration, against the Accused public servant herein (1) Shri Sanjaysinh Ramrao Chavan, Sub-Divisional Officer and Sub-Divisional Magistrate, Maval Sub-Division, District Pune, (2) Shri Suhas Ramesh Soma, Awal Karkoon (Shirastedar), Sub-Divisional Officer Office, Maval Sub-Division, Pune, when report was submitted by the then Investigating Officer Shri P.B. Dhanvat, Assistant Commissioner of Police, Deputy Superintendent of Police, Anti-Corruption Bureau, Pune vide outward No.PBG/ACP/DSP/ACB/Pune/2011-283 dated 21/02/2011 to the Director General, Anti-Corruption Bureau, Maharashtra State, Mumbai through the Deputy Commissioner of Police/Superintendent of Police, Anti-Corruption Bureau, Pune for writing to the Competent Officer Maharashtra Government (Revenue and Forests) Mantralaya, Mumbai, of APS for obtaining pre-prosecution approval/sanction as required under Section 19 of Prevention of Corruption Act, 1988, and the Deputy Superintendent of Police/Superintendent of Police, Anti-Corruption Bureau, Pune has vide his Outward No.CR/438/Pune/2010-1591 dated 20/05/2011 sent such report to the Director General, Anti-Corruption Bureau, M.S. Mumbai, after scrutinizing the investigation documents of the crime, the Director General, Anti-Corruption Bureau, Maharashtra State, Mumbai has issued orders vide his Order No.CR/438/Pune/2010-4812 dated 03/06/2011 that “since there is no evidence available to the extent of filing charge-sheet against APS Shri Sanjaysinh Ramrao Chavan, Sub-Divisional Officer and Magistrate, Maval, District Pune in the said trap case, decision is taken not to file charge sheet against him and by taking legal action against him, for preparing and sending proposal of Departmental Inquiry to the Competent Officer and since evidence is available against APS Shri Suhas Ramesh Soma, Awal Karkoon (Shirastedar), Sub-Divisional Officer Office, Maval, District Pune, orders are issued for submitting pre-prosecution sanction proposal to his Competent Officer for filing prosecution in Competent Court against him. The said Orders are received vide O.No.CR/438/Pune/2010-1846 dated 09/06/2011 of the Deputy Commissioner of Police/Superintendent of Police, Anti-Corruption Bureau, Pune and Xerox copy of abovementioned order is submitted herewith for perusal.