Apart from this, Abdul Gains evidence was number relied upon as he had a grievance against A 3.
All the three accused were charged with companyspiracy to accept as illegal gratification a large sum of money to screen him from prosecution for the illegal possession and transport of opium under Section 65 A of the Bombay Prohibition Act, and for companymitting an offence punishable under Section 120 B of the Indian Penal Code.
The leather bag companytaining money was also numbericed by those who were present.
3 who had earlier left with the occupants of the Poona car to the police station, returned to.
The version of A 1 that he was then in the bath room was number believed but the evidence of Bahadurkhan, Sheikh Jamal, Ram Dande and Chandrakant Lonkar shows that both A 1 and A 2 went near the station wagon and there was talk and discussion between the third occupant and these officers in English firstly on the road and again after the station wagon was taken into the companypound in the Dak Bungalow.
P.W. 16 and P.W. 17 were also prosecuted and though companyvicted by the trial Court, were acquitted in appeal, by the Additional Sessions Judge, Osmanabad.
They received certain information that Truck No.
Of this charge also A 3 was acquitted and A 1 and A 2 were companyvicted.
The High Court, however, reversed the acquittal of A 3 and companyvicted him of this charge.
While he was so engaged, at about 6 or 6.30 a.m. a station wagon of blue companyour bearing number plate M.S. W. 7159 and going towards Hyderabad was stopped.
The case of the prosecution was that A 1 had stated that K. Amar Singh was an informant and on that pretext his name was number deliberately shown number was any mention made of the money.
It is also said that while P.W. 16 and P.W. 17 were handcuffed, K. Amar Singh was sitting in the Central Hall of the Dak Bungalow.
A 1 was also companyvicted under Section 212, I.P.C. The two accused, along with Chandrakant Ganpat Sovitkar A 3, were tried for offences under Sections 120 B, 161,201, 212, 217, 218, I.P.C. and Section 5 2 read with Section 5 1 d of the Prevention of Corruption Act, but A 3 was acquitted of all the charges and A 1 and A 2 were companyvicted and sentenced as aforesaid.
The accused also led K. Amarsingh to the said room.
40,000/ as gratification other than legal remuneration, as a motive or reward for forbearing to prosecute him for the offence of possessing and transporting opium and thereby companymitted an offence punishable under Section 161 read with Section 34 of the Indian Penal Code.
The Panchas who witnessed these Panchnamas are Manik Maruti Patil, P.W. 8, Dadarao and Indrajit.
40, and the keys of the vehicle.
On receipt of this information the two accused left Indore on August 26, 1963 and reached Omerga via Hyderabad on September 3, 1963 with a view to intercept the said truck and seize the companytraband.
It also did number feel it safe to rely on Madole P.W. 10 the newspaper vendor, and the evidence of Manik Patil Panch and the Panchanama Ext.
37, the certificate of registration Ext.
115 who relieved Sheikh Jamal at 11 a. m. and took in his custody the two drivers, the said K. Amar Singh, the station wagon and the opium, Police Constable Ram Govind Dande P.W. 5 who was in the armed party of Sheikh Jamal and who was present at the check post at the time the station wagon arrived and thereafter till they were relieved by the party of P.W. 3 Shamsingh Thakur P.W. 6, H. C. who was Police Station Officer, Omerga till he was relieved by the P. S. I. Sovitkar A 3 at 9.30 a. m. He also claims to have gone to the dak bungalow to assist the officers, Chandrasha Madole, P.W. 7.
This vehicle was being driven by Sabir Sadik P.W. 17 and Abrar Ali Khan P.W. 16 was sitting by his side.
In the circumstances, the Special Judge held that there was numbertruth in the allegation that A 3 had dined at night with A 1, A 2 and K. Amarsingh at the dak bungalow.
Similarly, all the three accused were charged under Section 5 2 read with Section 5 1 d of the Prevention of Corruption Act and Section 34 of the I.P.C. for abusing their position as public servants and for obtaining from the occupant of the motor vehicle K. Amar Singh a sum of Rs.
Agreeing with the Trial Court the High Court did number accept his testimony.
Again, all the three accused were charged for giving false information about the occupant of the motor vehicle calling himself to be K. Amar Singh as an informant and the opium companytained therein and thereby companymitted an offence punishable under Section 201 read with Section 34 of the Indian Penal Code.
The said Barkya was number examined and Bahadur Khan did number receive money for it.
By this time A 1 also arrived.
The case of A 3 was that he was busy with the other car and did number in fact know anything about the money and believed A 1 where on he was told that K. Amar Singh was an informant.
number companyroborated by other witnesses because Bahadurkhan Chowkidar plainly admitted that he did number serve food at night but his servant Barkya might have done so.
The prosecution case is that A 1 who was Inspector of Excise and A 2 who was Sub Inspector of Excise were both posted at Indore.
The witness bears enmity and bitterness against A 3 and is inclined to speak against him.
On the other hand, the case of A 1 and A 2 is that there was numbersuch person as K. Amar Singh and companysequently there was numbermoney as alleged by the prosecution.
Chandrasha Madule, P.W. 7 was called to act as Pancha but he was number called on to witness them though he says he sat there for a pretty long time and watched the activities of the accused officers.
A 2 and A 3 were acquitted of all these offences.
The companyplaint given by A 1 was number written by A 3 but by A 1, but after A 1 and.
85 by which he was companyvicted, judgment of the appellate Court, Ex.
The accused officers A 1 and A 2 were trying and after some time A 2 succeeded in piercing the screw driver into the top and declared that it smelt of opium.
The Panchas Manik Maruti and Chandrakant who were present did number speak against A 3.
put one set of handcuffs on the two drivers and while he was about to put the second set on K. Amar Singh, A 1 and A 2 stopped him from doing so and said he was number to be handcuffed.
On the other hand they said that A 3 asked A 1 and A 2 about the third person seated in the dining hall and how only two were mentioned in the Panchanama?
The High Court in an appeal against acquittal of A 3, partly allowed the appeal and companyvicted him for offences under Section 161 read with Section 34, I.P.C. and Section 5 2 read with Section 5 1 d of the Prevention of Corruption Act and sentenced him to suffer one years rigorous imprisonment on that account.
Detailed Panchanamas Exts.
In the meantime A 2 tried to open the inside roof of the vehicle with a screw driver and in that attempt succeeded in pushing the screw driver into the top.
dak bungalow shortly after 10.30 A. M. He found A 1 and A 2 in their rooms in the dak bungalow.
Sheikh Jamal Head Constable P.W. 2, who was on duty near the Dak Bangalow, called out A 1 and A 2 who were in the Dak Bangalow along with A 3.
A 1 ordered K. Amarsingh to take out the articles from the station wagon.
M. P. E. 5948 was carrying opium from Upper India to Hyderabad.
By this time A 1 had also companye out and when he and A 2 were making enquiries and wanted to take a search, K. Amarsingh objected to it.
After examining the gist of evidence of each of the 16 witnesses, the Special Judge came to the companyclusion that on the arrival of the station wagon the third occupant who was in the beginning calling himself to be K. Amar Singh or who was referred to by the witnesses as K. Amarsingh but subsequently gave his name as Masud Raheman had objected to the drivers Sabir and Abrar handing over the keys and papers of the station wagon.
All the three accused were acquitted of this charge.
When all the chambers were opened, in all 290 cakes of opium of the total weight of 271.300 Kg.
On being so pulled, the shutter of the first chamber moved back and the iron sheet tilted.
One cake of opium fell down.
They took their residence in the Dak Bangalow at Omerga, wrote to the local police on the same day for giving them assistance.
There was a sort of altercation between them.
Yet the kit remained near the station wagon.
A 3 the local police Sub Inspector posted one Head Constable and some companystables for the said purpose and a barricade was erected on the road in front of the Dak Bangalow.
A 1 held him and scolded him.
Statement of Abdul Gani who was on duty from 11 a.m. that all of them, namely, A 1 A 2 and A 3 and others took meals together on the table at night was number accepted as it was.
He companylected from P.W. 17 his licence, Ext.
In spite of it, A 2 tactfully took out the keys from the switch board and obtained the documents Exts.
2.15,000/ were recovered.
16 and 17, Panchappa Madale, W. 10, newspaper agent of Omerga, Shantaram Joshi, P.W. 11 sales representative of the Indian Express group of papers who claims to have been halting that day at the dak bungalow, Omerga and to have seen the station wagon and K. Amar Singh and to have made inquiries and sent news to the papers, H. C. Daji Mane, P.W. 12 who claims to have gone to the Dak Bungalow on learning of seizure of a big quantity of opium Maruti Salunke, P,W. 13, Peon of the Tahsildar who had to attend to the Tahsildar in the adjoining bunglow and claims to have passed the dak bungalow in the morning and evening of 5 9 63 and also next morning P.W. 16, P.W. 17 and P.W. 18.
After reviewing the evidence, the trial Court summarised the net result of the testimony of Bahadurkhan as follows 1 The station wagon arrived at 6 to 7 a. m. Accused 3 was either busy in checking the Poona car or had left with it to Police Station and thereafter he arrived at 10.30 a. m. 2 K. Amar Singh was in the station wagon when it arrived and he had objected to the checking the vehicle and his kit 3 After accused 2 Trivedi succeeded in piercing the screw driver which was smelling of opium the opium was discovered from the secret companypartments 4 Thereafter from the kit of K. Amar Singh were discovered large sums of currency numberes and the kit was removed and kept in Suite No.
2 at which A 1 and A 2 were staying 5 A 1, A 2 and K. Amar Singh took meals together on a table 6 K. Amar Singh had in between a talk with the accused and was seated throughout in the dining hall 7 The work of investigation went on till late at night 8 A car came from Hyderabad, inmate of that car stayed in the same suite, had meals and A 1, A 2 and K. Amar Singh left in the morning by this car.
A third person, one K. Amarsingh, the owner of the vehicle was sleeping in the rear of the vehicle.
In this way 4 chambers of that size were discovered and they companyld be pulled back from the cavity of the first chamber.
On September 5, 1963 at about 5 a.m. a Poona bound car which was driven by Chandrakant Lonkar P.W. 18 in which there were two males and 3 females was stopped as some of them appeared drunk and had blood stains on their clothes.
It was then that all the three accused are said to have had a discussion which, according to the prosecution, amounted to a companyspiracy under which they were to have let off K. Amar Singh on accepting the amount which was with him.
39, tax token card, Ext.
After him, K. Amar Singh was called in that room and was sent out after some time.
32 and 33 were made from 10.30 a. m. to 6 p. m. The two drivers were searched in respect of whom Panchanamas are Exts.
companyvicted.
When that zip was opened, bundles of currency numberes of Rs.
30 to 40 thousands were disclosed.
86 and of the High Court in the revision petition filed by him Ext.
38, certificate of insurance, Ext.
37, 28, 39 and 40.
84 judgment of the Judicial Magistrate, First Class, Ext.
A 2 came out to make enquiries.
Bahadur Khan P.W. 1 who was the Chowkidar of the Dak Bungalow Maruti Salunke F. W. 13 who was the peon of the Tahsildar residing in the adjoining bungalow P.W. 18 driver of the Poona bound car P.W. 16 and P.W. 17 who were the drivers of the same station wagon, saw the leather bag and heard and watched the talk between the accused and K. Amarsingh.
The State appeal against A 3 in regard to other offences was dismissed.
They were also charged for offences under Sections 212, 217, 218 each one read with Section 34, I.P.C. Of these charges, accused No.
and valued at Rs.
When two trunks, one suit case, one hold all and accessories of the vehicles were taken out and Amarsingh opened the trunk there was found in it a leather bag with zip arrangement.
The evidence of the 16 persons was summarised by the trial Court in para 86 of its judgment.
33 was stated by the High Court to suffer from several infirmities.
Some of them claimed to have seen him from the time the station wagon arrived while others say they saw him sitting in the dak bungalow discussing with the accused officers.
Then the kit was taken out and searched.
In fact, it is claimed that as a result of his efforts, K. Amar Singh was caught and he was prosecuted and was.
Accused No.
Till this time, the said person was in the station wagon.
He showed it to A 1 who, it is alleged, on getting the smell of opium began to give fist blows to K. Amarsingh.
5, 10 and 100, in all of the value of Rs.
He spoke with A 2 in English and asked the purpose of checking and probably tried to assure him that there was numberhing wrong.
His kit was removed to the suite in the occupation of A 1 and A 2.
1 was alone companyvicted under Sections 212 and 218 and was sentenced to suffer 9 months rigorous imprisonment.
MSW 7159 and calling himself as K. Amar Singh a large sum of about Rs.
40,000/ .
A 2 along with K. Amar Singh suddenly left on the morning of 6th, A 3 pursued the investigation vigorously and took several steps to apprehend the culprits.
Manik Maruti Patil, P.W. 8, Kishan Datta Patil, P.W. 9, photographer of Merga who was admittedly called to take photos of the accused and officers and took snaps from two of which he made the photo prints Exts.
His evidence was disbelieved because he was put under suspension for 50 days while under A 3 and on enquiry his increment was stopped for one year.
A 1 and A 2 thereafter tried to open the top of the vehicle and asked P.W. 18 to cut it with chisel and hammer, but when this was about to be done, P.W. 17 on the Instructions from K. Amar Singh, put a chain in the hook hanging from the cavity in the dash board and pulled it from the shutter of the first chamber.
They were also charged that they being public servants, accepted from the person found with the Motor Vehicle No.
It was also stated that A 1 and A 3 had also a meeting in the room with K. Amarsingh.
It was also found that A 2 searched every part of the vehicle and when he tried to tear the rexin of the cushions, the said person objected seriously.
The Special Judge was of the view and in our view rightly so, that the case of A 3 was different from A 1 and A 2 and accordingly the evidence must be separately assessed.
Accused Nos.
The trunk with the leather bag companytaining currency numberes was ordered to be kept in the room of the dak bungalow which was in the occupation of A 1 and A 2.
When he pulled it out, the screw driver smelt of opium.
Thereafter A 2 gave the keys of the vehicle to P.W. 18 and asked him to take the station wagon to the companypound of the Dak Bungalow which he did.
This witness further added that he peeped through the door and actually saw the handling of currency numberes.
34 and 35 and the articles found in the station wagon and the documents in respect of the station wagon are listed in Ext 36.
Jaganmohan Reddy, J. These appeals are by special leave against the judgment of the Bombay High Court companyfirming the companyviction and sentence passed on Rajendraprasad Devidas Mishra A 1 and Raghunandan Trivedi A 2 under Section 161 read with Section 34, I.P.C. and Section 5 2 read with Section 5 1 d of the Prevention of Corruption Act.
Sheikh Jamal, Head Constable, P.W. 2 had brought the handcuffs to the dak bungalow and according to him he.
1 and 2 came to the spot and checked the car.
The High Court reversed the acquittal and companyvicted A 3 also of this offence.
As already stated, A 3 was acquitted of this charge but A 1 and A 2 were companyvicted.
They sent for A 3 Sovitkar who arrived at about 5 30 a.m. in plain clothes and was engaged in making enquiries from the occupants of the said car.
This evidence is of Bahadur Khan, Chowkidar, P.W. 1, Sheikh Jamal, H. C. P.W. 2, Abdul Gani, H. C. P.W. 3 armed H. C. No.
Thereafter the keys were given to Chandrakant Lonkar driver of the Poona car and he was asked to take the station wagon into the companypound of dak bungalow.
The prosecution had led the evidence of 16 witnesses who claimed to have seen K. Amar Singh as the third occupant of the station wagon MSW 7159.
By way of companyroboration, the prosecution has also adduced evidence to show that K. Amar Singh was ultimately arrested in Rampur and a prosecution was launched against him for illegal possession and transport of opium and has produced certified companyies of the charge sheet, Ext.
