10,000 as first instalment of the bribe from Sidh Gopal through Ram Lal Kapoor.
45 p.m. the appellant came out of the bungalow of Ram Lal Kapoor and on the agreed signal being given, the raiding party came and on search of the appellant an amount of Rs.
A raid had been prearranged and the raiding party companysisting of Shri Satish Chander P.W. I and Shri Onkar Singh P.W. 2, the District Magistrate and the Senior Superintendent of Police respectively were lying in wait at the premises of Ram Lal Kapoor.
Appeal by special leave from the judgment and order dated March 20, 1964 of the Allahabad High Court Lucknow Bench at Lucknow in Criminal Appeal No.
10,000 was found from his person.
At the time of the recovery of the money the appellant made a statement that the amount received by him was as a loan as he wanted to purchase a bungalow.
Jai Gopal Sethi, C. L. Sareen and R. L. Kohli, for the appe llant.
10,000 in currency numberes and also a Than of long cloth from the said Ram Lal Kapoor undertaking that in lieu thereof the appellant would number report against Sidh Gopal and thereby save his licence from cancellation.
The appellant showed him the letter of the District Magistrate and on the strength of that letter he demanded through Ram Lal Kapoor a bribe of Rs.
In default for payment of fine the appellant was further ordered to undergo rigorous imprisonment for one year.
At about 9.
CRIMINALAPPELLATE JURISDICTION Criminal Appeal No.
The appellant was employed as Assistant Director Enforce ment, Government of India, Ministry of Commerce at Kanpur and used to deal with matters regarding the cancellation of licences of cloth dealers at Kanpur.
157 of 1964.
The appellant preferred an appeal to the Allahabad High Court, Lucknow Bench, which dismissed the appeal by its judgment dated March 20, 1964 and affirmed the companyviction and sentence imposed by the Special Judge upon the appellant.
20 of 1962.
P. Rana, for the respondent.
T. Desai, R. L. Mehta and 0.
On the same date the appellant called one Ram Lal Kapoor who was the legal adviser of New Victoria Mills Ltd. at his house.
Accordingly on September 11, 1951 at about 8 p.m. the appellant went to the house of Ram Lal Kapoor and accepted the bribe of Rs.
2,000.
On or about September 5, 1951 the appellant received a companyfidential letter dated August 30, 1951 from the District Magistrate, Kanpur.
The Judgment of the Court was delivered by Ramaswami, J. The appellant was tried for offences under s. 161, Indian Penal Code and s. 5 2 read with s. 5 1 d of the Prevention of Corruption Act by special Judge, Anti Corruption, Lucknow who by his judgment dated January 8, 1962 companyvicted the appellant and sentenced him to three years rigorous imprisonment and a fine of Rs.
This appeal is brought, by special leave, from the judgment of the Allahabad High Court, Lucknow Bench.
On September 11, 1951, the appellant is alleged to have agreed with Ram Lal Kapoor to receive a sum of Rs.
In order to take revenge for the arrest of Bhola Nath, Sidh Gopal and Ram Lal Kapoor had companyspired together and falsely implicated the appellant.
It appears that Sidh Gopal was a partner of various firms dealing in cloth and it was suspected that these firms were indulging in black marketing in cloth.
Sidh Gopal came to the appellant on September 9, 1951 to talk over the matter and the appellant made the same demand of bribe from him.
