Indian Kanoon - Search engine for Indian Law

The accused is charge sheeted for the alleged offence punishable under Sections 7, 13(1) (d) r/w 13 (2) of the Prevention of Corruption Act, 1988.

2. The prosecution case is that:

The complainant-Mr.B.Ramaiah is doing liquor business, for the last 30 years. He owns three liquor shops in Nagarabhavi Main road, Bangalore. The accused being a Public servant was then working as Excise Inspector, Vijayanagara, Bangalore. One month prior to filing of the complaint, the accused visited "Millennium Bar & Restaurant" belonging to the complainant and demanded periodical bribe of Rs.25,000/- for renewal of license of each shop, or otherwise, he would register 5-6 cases and make him to pay fine to the Government. 2-3 days thereafter, once again the accused visited "Maruti Wine Shop" belonging to the complainant and registered a case alleging that the complainant use to sell the liquors for the price exceeding the M.R.P rate. After one week, the accused once again, visited the same shop and registered another case alleging that the complainant use to sell the liquors beyond the prescribed hours. When the complainant questioned the accused about registering of cases one after the other, he told him that until the complainant pays the periodical bribe, he will see that 5-6 cases would be registered against each shop from various Excise Sub-Divisions. After bargain, the bribe amount was reduced to Rs.20,000/- for each shop, totally Rs.60,000/-. Since the complainant was not willing to pay the bribe amount, on 8.9.2010 he presented the written information as per Ex.P2 before CW19-K.C.Lakshminarayana-Police Inspector, Karnataka Lokayuktha, Bangalore, who arranged for the Trap. Along with the complaint, he produced the CD containing the recorded conversation. CW6-H.M.Shivaram & CW7-Elia, the employees of Joint Director of Commercial Taxes, were secured to act as witnesses for the Trap. The complainant produced 60 currency notes denomination of Rs.1000/-(Rs.60,000/-) marked at MO2. The serial numbers of the currency notes were recorded in a white sheet as per Ex.P5. The currency notes were smeared with phenolphthalein powder. CW6- Shivaram after verifying and counting the tainted currency notes placed it in the left side pant pocket of the complainant. Both hand fingers of CW6-Shivaram were made to dip in the sodium carbonate solution. The said solution becomes pink colour. The CD containing the conversation produced along with the complaint was played in presence of the witnesses. The contents of the CD were transcript into writing as per Ex.P6. The complainant was instructed not to touch the tainted currency notes till it was paid to the accused. The complainant was further instructed to approach the accused, speak with him about the work and to give the tainted currency notes only on demand. He was further instructed to give signal by wiping his head by hand if the accused received the money. Button camera and Digital Voice Recorder were given to the complainant with an instruction to switch it on while approaching the accused to give money and to record the scene/conversation. CW6-Shivaram (shadow witness) was instructed to follow the complainant and to observe what transpires between the complainant and the accused. Step by step all the events were video-graphed and the contents of it were converted to CD. Entrustment Mahazar was prepared as per Ex.P4 and obtained the signatures of the witnesses.

3. On 8.9.2010, at about 12.05 p.m. the complainant, two panch witnesses, Lokayuktha Inspector, and his staff (totally 7 members) left for Office of Excise Inspector, Vijayanagar Division, Govindarajanagar, where the accused was working, in a Government vehicle. The vehicle was parked nearby BDA Complex, Vijayanagara. The complainant alone went inside the Office. Since the complainant informed the IO that the accused may get a doubt if any person is sent along with him, he did not send the shadow witness along with the complainant. All the Trap Team Members were standing in front of Sai Sudha Clinic & Brahmalingeshwara Condiments situated in the ground floor of the building, waiting for signal from the complainant. At about 1.05 p.m., the complainant came out of the Office of the accused and gave pre- instructed signal, whereupon the raid party rushed to the place where the complainant was standing. The complainant led the raid party to the Office of the accused situated in the first floor of the building. The complainant pointed out the accused by saying that he is the person who demanded and accepted the bribe amount of Rs.60,000/- from him. CW19 has disclosed his identity, informed the purpose of visit and apprehended the accused. On an enquiry the accused disclosed his name, designation & address. Both the hand fingers of the accused were made to dip in the sodium carbonate solution. The right hand wash solution becomes pink colour. The left hand wash solution has not turned to any colour. 60 tainted currency notes denomination of Rs.1000/-(Rs.60,000/-) marked at MO2 kept in the space just above the table drawer was recovered. The said tainted currency notes were verified and tallied with the currency notes sheet. The place where the tainted currency notes kept was wiped with piece of cotton cloth and the same was dipped in the sodium carbonate solution. The said solution becomes pink colour. The file relating to the complainant was seized from the custody of the accused. Since, there was lot of nuisance in the Office of the accused and it was not congenial to prepare the Trap Mahazar, the accused was brought to the Lokayuktha Police station to conduct further proceedings. The Digital Voice Recorder and button camera given to the complainant at the time of Trap was played in the presence of the witnesses. The contents of it were converted to CD and transcript into writing. CW8- Chandru- Deputy Superintendent of Excise after seeing the CD containing the scene/conversation recorded in the Digital Voice Recorder and button camera has identified the accused and his voice. He also identified the voice of the accused after hearing the conversation recorded in the CD produced along with the complaint and the CD containing the conversation recorded in the mobile phone of the complainant during Entrustment Mahazar. CW8-Chandra Deputy Superintendent of Excise has given Report as per Ex.P17 about he identifying the accused and his voice. The accused gave his explanation in writing about he being in possession of the tainted currency notes as per Ex.P16. CW9-Mohammed Faziuddin, Deputy Commissioner of Excise, has given a Report-Ex.P18 about the statement of the accused wherein he denied of having given instructions to collect the bribe amount from the public for doing an official favour. The IO obtained the spot sketch showing the scene of offence (Ex.P11), service particulars of the accused (Ex.P20), Chemical Examination Report from FSL (Ex.P21) & Call details of the mobile phone of the complainant & the accused (Ex.P22). The IO, after completion of the investigation, sent a Final Report to the Competent Authority through proper channel seeking for sanction to prosecute the accused. After receiving the Sanction Order from the Competent Authority, CW19 has filed the charge sheet against the accused on 3.1.2011 for the offence punishable under Secs.7, 13(1) (d) r/w 13(2) of the Prevention of Corruption Act, 1988.

18. The prosecution has examined CW6- H.M.Shivaramu (shadow witness) as PW4. PW4 deposed that, on 8.9.2010, he was secured to the Lokayuktha Police station to act as witness in the Trap in Crime No.39/2010. The complainant was present in the Lokayuktha Police station. The contents of the complaint were made known to him. The complainant produced Rs.60,000/-(60 currency notes denomination of Rs.1000/-) which were smeared with phenolphthalein powder. Before that, the serial numbers of the currency notes were recorded as per Ex.P5 and his signature was obtained. After verifying & counting the said currency notes, he placed it in the right side pant pocket of the complainant. Thereafter, both his hands were washed in sodium carbonate solution. The said solution turned to pink colour. The CD produced along with the complaint was played in his presence. The conversation recorded in the CD was transcript into writing. All the events were video-graphed. The complainant was instructed to approach the accused and to pay the amount only on demand and to give signal by wiping his hair if the accused received the money. He was instructed to follow the complainant and to observe what transpires between the complainant and the accused. Entrustment Mahazar was drawn as per Ex.P4 and his signature was obtained. PW4 further deposed that thereafter he along with all the Trap Team Members, complainant & CW7-Elia, left for Govindrajanagar in Maruti Omni car and motor bike. Digital Voice Recorder & button camera were given to the complainant with an instruction to switch it on while approaching the accused and to record the conversation/scene. PW4 further deposed that the office of the accused is situated in the first floor of the BDA complex. The complainant alone went inside the office of the accused. He was told by the complainant not to accompany him on the ground that the accused may get doubt if he goes along with him. Therefore, he was standing in front of the shop situated opposite to BDA complex. At about 1.00 p.m., the complainant gave pre- instructed signal. All the Trap Team Members, CW7-Elia & he rushed to the spot where the complainant was standing. The complainant led them to the office of the accused and pointed out the accused by saying that he is the person who demanded and accepted the money. The Lokayuktha Inspector has apprehended the accused. Thereafter, on being questioned, the accused told the Lokayuktha Inspector that he kept the money in the space just above the drawer portion of the table. CW7-Elia has removed the said tainted currency notes and produced it before the Lokayuktha Inspector. The said currency notes were tallied with the currency notes sheet. Thereafter both the hand fingers of the accused were made to dip in sodium carbonate solution. The right hand wash solution turned to pink colour, whereas the left hand wash solution has not turned to any colour. All the relevant records were seized from the office of the accused. Thereafter the accused was brought to the Lokayuktha Police station. The Digital Voice Recorder and the button camera was played & the contents of it were converted to CD and transcript into writing. All the seized articles were sealed with metal seal by using the English letter "Q". Thereafter, the Lokayuktha Inspector has recorded his statement and also of the complainant. The accused has given his explanation in writing about he being in possession of the money. The entire event was video-graphed. The Trap Mahazar was prepared as per Ex.P3.

     PW1         Aravind    Ramachandra
                 Jannu
     PW2         Ramaiah
     PW3         Elia G
     PW4         H.M.Shivaramu
     PW5         K.C.Lakshminarayana

List of documents marked on behalf of prosecution:

     Ex.P-1           Sanction Order
     Ex.P-1(a)        Signature of PW1

     Ex.P-2           Complaint
     Ex.P-2(a)        Signature of PW2
     Ex.P-2(b)        Endorsement with signature of PW5
     Ex.P-3           Trap Mahazar
     Ex.P-3(a)        Signature of PW2
     Ex.P-3(b)        Signature of PW3
     Ex.P-3(c)        Signature of PW4
     Ex.P-3(d)        Signature of PW5
     Ex.P-4           Pre-Trap Mahazar
     Ex.P-4(a)        Signature of PW2
     Ex.P-4(b)        Signature of PW3
     Ex.P-4(c)        Signature of PW4
     Ex.P-4(d)        Signature of PW5
     Ex.P-5           Currency notes sheet
     Ex.P-5(a)        Signature of PW3
     Ex.P-5(b)        Signature of PW4
     Ex.P-6           Transcription of CD
     Ex.P-6(a)        Signature of PW5
     Ex.P-7           Transcription of CD containing




                    conversation of complainant &
                    accused
    Ex.P-7(a)       Signature of PW5
    Ex.P-8          Copies of four files relating to the
                    complainant
    Ex.P-9          Attendance Register
    Ex.P-10         Rough spot sketch
    Ex.P-11         Spot sketch
    Ex.P-12         Transcription of CD containing the
                    conversation of complainant &
                    accused
    Ex.P-13         Transcription of CD containing the
                    question & answer of accused
    Ex.P-14         Sample seal sheet
    Ex.P-15         Acknowledgment
    Ex.P-16         Written statement of the accused
    Ex.P-16(a)      Signature of the accused
    Ex.P-17         Report given by CW8
    Ex.P-18         Report given by CW9
    Ex.P-19         Report relating to the detail
                    particulars of cases registered
                    against the liquor shops
    Ex.P-20         Service particulars of accused
    Ex.P-21         Chemical Examination Report
    Ex.P-22         Call details of mobile phone of the
                    complainant & accused