The order of sanction was, thus, issued by the State in discharge of its statutory functions in terms of Section 19 of the Act.
Shri N. Madanmohan Reddy, Secretary to the Government, merely authenticated the said order of sanction which was issued in the name of the Governor of Andhra Pradesh.
When PW1 handed over application to the accused on the same day, he is said to have asked him to present the same before the Village Administrative Officer PW 4 and to bring cultivation accounts relating to his lands and certain statements.
Shri K. Kumar PW 8 was the Deputy Superintendent of Police, ACB, at Tirupathi.
PW 1 allegedly handed over the same to the Respondent on 02.03.1994.
He granted his own VAOs Statement, statement of PW 1, his grandmother and village elders as also certified companyies of Adangals, extracts revenue records marked as Exs.
The Mandal Revenue Officer adopted a peculiar procedure by putting his initial thereon and handed over the same to PW 1 himself and asked him to give it to the accused.
The companyplainant PW 1 was the owner of some immovable property situated within the jurisdiction of the said Mandal Office.
A sum of Rs.600/ in the denomination of Rs.50/ is said to have been recovered from the Respondent allegedly kept by him in his right pocket of the trouser.
On merit of the matter also, the High Court opined that the prosecution has number been able to prove its case against the Respondent.
The learned Special Judge framed as many as five issues and answered them against the Respondent by a judgment dated 6.12.1996, holding the Respondent guilty of the offence punishable under Section 13 1 d read with Section 13 2 of the Act.
An application to that effect was filed before the Mandal Revenue Officer PW 3 on 01.03.1994.
He intended to get himself registered as a companytractor with the Public Works Department wherefor a certificate as regard valuation of his property was necessary.
A companyplaint was made to the ACB on 05.03.1994 at 6.35 A.M. A trap was laid at 12.30 P.M. on the same day upon companyplying with the usual formalities.
PW 4 thereafter recorded the statements of PW 1 and his grandmother.
The defence of the Respondent was that certificate valuing the companyplainants land for a sum of Rs.
P 2 to P 6 to the said PW 1.
The Respondent is said to have demanded a sum of Rs.1,000/ for issuance of the property valuation certificate.
The order of sanction was authenticated.
The said order of sanction was an executive action of a State having been issued in the name of the Governor.
one lac was submitted on 04.03.1993 itself whereas PW 1 wanted that the valuation of the lands should be made three lacs and as the Respondent did number oblige, PW 1 bore grudge against him as a result he was falsely implicated.
He on the next day i.e. on 03.03.1994 met the Respondent at the office of PW 3 and upon negotiation, the amount of alleged illegal gratification was reduced to Rs.600/ from Rs.1000/ .
