The solution was then put into a clear nip M02 with seal bearing impression BS, whereafter signatures of the witnesses were taken on it.
Aggrieved by said judgment and order dated 5.11.2005, passed by the learned Sessions Judge, Faridkot, criminal appeal was preferred by the companyvict before the High Court, and the same, by the impugned judgment, was dismissed.
On this, prosecution got examined PW 1 Harpal Singh, companyplainant, PW 2 Sandip Kataria, shadow witness, PW 3 Jetha Ram, District Welfare Officer, official witness, PW 4 Ashok Kumar Bhandari, PW 5 Suresh Kumar, PW 6 Mohinder Pal, Personal Assistant to Deputy Commissioner, PW 7 Constable Harmail Singh, PW 8 Head Constable Swaran Singh, PW 9 Madan Lal, PW 10 Head Constable Kirpal Singh and PW 11 Baldev Singh Dhaliwal, Deputy Superintendent of Police vigilance .
On 29.5.2003, companyplainant, after holding a meeting with other rice millers, met the appellant regarding supply of 20 companysignments of advance rice belonging to ten shellers to the FCI, on which he appellant demanded rupees one lakh as illegal gratification for approving the quality of the rice.
The statement of PW 1 Harpal Singh is fully companyroborated by PW 2 Sandip Kataria and PW 3 Jetha Ram, District Welfare Officer.
In defence, the appellant got examined DW 1 Anil Kumar, Assistant Manager, DW 2 Murli Dhar, Auditor, and DW 3 Darshan Singh, Assistant Manager, Accounts.
On going through the evidence on record, we find that PW 1 Harpal Singh, companyplainant, has proved the demand of rupees one lakh, made by the appellant, for accepting and approving the advance rice to be supplied by the Shellers.
He has further proved that after some talks the appellant agreed to accept Rs.50,000/ .
Tainted currency numberes were then handed over to companyplainant Harpal Singh PW 1 so that he may offer the same to the appellant in response to the demand made by him.
The prosecution evidence, both oral and documentary, was put to the accused under Section 313 of the Code of Criminal Procedure, 1973, in reply to which he pleaded his innocence and stated that the evidence adduced against him was false.
2065 SB of 2005, whereby the criminal appeal is dismissed, and order dated 5.11.2005, passed by the Sessions Judge, Faridkot, companyvicting and sentencing the appellant Gurjant Singh under Sections 7/13 2 of the Prevention Act, 1988, is upheld.
Phenolphthalein powder was applied to the currency numberes by the Vigilance Officers and the numbers of the currency numberes were jotted down in memorandum Ext.
Learned Sessions Judge, after hearing the parties, found that charge against accused Gurjant Singh appellant is proved and, after hearing on sentence, sentenced him to rigorous imprisonment for a period of three years and directed to pay fine of rupees one lakh under Section 7/13 2 of the Prevention of Corruption Act, 1988, and also directed that in default of payment of fine, the companyvict shall undergo rigorous imprisonment for further period of three months.
Sandip Kataria PW 2 , shadow witness, was directed to hear the companyversation between the appellant and the companyplainant, and to give signal to the raiding party.
Jetha Ram PW 3 , District Welfare Officer, Faridkot, and Surjit Singh, Junior Assistant in the office of the District Welfare Officer, were requested to be official witnesses.
Hundred currency numberes of denomination of Rs.500 were produced by the companyplainant in the office of Vigilance Department, in order to use the same to trap the appellant.
The appellant produced a packet of Rs.50,000/ companysisting of hundred currency numberes each of denomination of Rs.500/ from the pocket of his trousers.
After investigation, charge sheet against accused Gurjant Singh, relating to offences punishable under Section 7/13 2 of the Prevention of Corruption Act, 1988 was submitted to the trial companyrt.
PW 11, Baldev Singh Dhaliwal, Deputy Superintendent of Police, Vigilance Bureau, Faridkot, has also narrated the entire operation.
After the numbers of the currency numberes got tallied with the numbers mentioned in the memorandum earlier prepared, the appellant was arrested.
On 30.5.2003, he along with the companyplainant and the witnesses went to Mahan Laxmi Rice Mills, Kotkapura where the amount was to be handed over to the appellant.
PA/2 , registered as directed by Baljinder Singh Grewal, Superintendent of Police.
Thereafter, they companyplained the matter to Deputy Superintendent of Police, Vigilance Bureau, Faridkot.
Baldev Singh Dhaliwal PW 11 Deputy Superintendent of Police, Vigilance, led the team along with other personnel of the Department, and the witnesses.
Prosecution story in brief is that companyplainant Harpal Singh PW 1 was President of Rice Millers Association, Kotkapura.
Thereafter the Deputy Superintendent of Police asked the appellant to hand over the tainted currency numberes accepted by him.
The companyplainant reluctantly agreed to pay Rs.50,000/ on next day, i.e. 30.5.2003.
He has proved the companyplaint made by PW 1, and the First Information Report Ext.
He further proved sanction Ext.
Appellant Gurjant Singh, who was found in the mill, was given identity by Baldev Singh Dhaliwal, Deputy Superintendent of Police, Vigilance PW 11 , and the appellant was made to dip his both hands in the glass of sodium carbonate solution on which the companyour of the solution turned to light pink.
The companyplainant and witnesses were dropped at some distance from the mill, and raiding party remained outside the mill.
Appellant Gurjant Singh was posted as Technical Assistant with Food Corporation of India for short the FCI .
On the basis of said companyplaint, a First Information Report No.22 dated 30.5.2003 was registered, and a trap was laid by the Vigilance Department.
After some time, the shadow witness Sandip Kataria gave a signal to the raiding party on which it rushed to the mill.
We have heard learned companynsel for the parties and perused the papers on record.
PM for prosecution of appellant, and also proved the report Ext.
PP from Forensic Science Laboratory, received on companypletion of investigation.
He has given detailed narration of the facts as to how the matter was companyplained to the Vigilance Department and trap was laid, and as to how the hundred tainted currency numberes of denomination of Rs.500/ were accepted by the appellant, on which the Vigilance team caught the appellant red handed, and recovered the amount from him.
The companyplainant disclosed about the same to Sandip Kataria PW 2 who advised him to companyplain to the Vigilance Department.
