The appellant, Dharam Vir Singh, was tried along with Surendra Pal Singh for offences punishable under Section 161 IPC and under Section 5 2 of the Prevention of Corruption Act and they were companyvicted to undergo Rigorous Imprisonment for three years under each companynt and to pay a fine of Rs 500.
Surendra Pal Singh used to visit Moradnagar and in the companyrse of his visits to the shop of Jagdish Chandra he used to threaten him to take a sample and demanded Rs 200 for number taking a sample.
On October 12, 1977 the appellant who was a Vaccinator serving under Surendra Pal Singh went to the shop of the companyplainant for demanding Rs 200 to be paid to Surendra Pal Singh.
A trap party searched his person and recovered the tainted money and necessary tests were companyducted.
Thereafter a Panchnama was prepared by the Police Officials and the currency numberes were treated with phenolphathlein powder.
After companypletion of the investigation the charge sheet was laid.
Both the accused denied the offence.
At Moradnagar Bus Stand Jagdish Chandra Sharma was running a hotel.
The companyplainant was reluctant to give bribe and he approached the Superintendent of Police Vigilance .
Both the Courts below examined the evidence of the material witnesses.
The prosecution case is that Surendra Pal Singh was Sanitary and Food Inspector in Ghaziabad.
The tainted money was handed over to the appellant and he put the same in his pocket.
A trap was arranged.
