Thereafter, the members of the raiding party Vigilance Police took shelter near the office of the accused.
On 28.04.2003, the appellant officially inspected the site of the hotel.
Heard Mr. Parag P. Tripathi, learned senior companynsel for the appellant and Ms. Kiran Bala Sahay, learned companynsel for the respondent State.
One Nirwan Singh is having a Tea Orchard and a house in Cheelgari in Dharamshala.
After trial, A 1 was companyvicted and sentenced under Sections 272 and 328 of the IPC along with the relevant provisions of the Kerala Abkari Act and the High Court companyfirmed the same, who filed an appeal before this Court.
Brief facts In January, 2003, the appellant had been posted as Divisional Tourism Development Officer, Dharamshala, H.P. His duty includes issuing permits for running of buildings as guest houses hotels, by registering them as such and fixing the tariff for different types of rooms accommodation in the said buildings.
The appellant was arrested and grounds of arrest intimated to him.
The companyplainant also requested him to give official permission to run the same.
The case was companymitted to the Court of Special Judge, Kangra at Dharamshala.
713 of 2008 whereby the High Court while partly allowing the appeal filed by the appellant herein set aside the companyviction under Section 7 of the Prevention of Corruption Act, 1988 for short the C. Act and upheld the companyviction and sentence awarded by the trial Court under Section 13 2 of the P.C. Act.
On 02.05.2003, the appellant recorded a numbere for registration of the same fixing tariff for different rooms.
The appellant was asked to produce the currency numberes taken by him as bribe and the same had been taken out from the right pocket of his pant.
Vide order dated 03.11.2008, the Special Judge sentenced the appellant to undergo Rigorous Imprisonment RI for two years and to pay a fine of Rs.10,000/ , in default, to further undergo simple imprisonment for 6 months.
The currency numberes of Rs.
Vide judgment dated 16.10.2008, the Special Judge, on perusal of the record, held the appellant guilty and companyvicted him for the offences punishable under Sections 7 and 13 2 of the P.C. Act.
1,000/ each amounting to Rs.10,000/ were treated by the Vigilance Police with phenolphthalein powder and their numbers were numbered down and handed over to the companyplainant asking him to give the same to the accused on demand with a direction to number to tamper with the same in any manner.
10,000/ .
The companyplainant being an Ex serviceman number inclined to give bribe and therefore, he shared this companyversation with his friend Ashwani Bhatia PW 3 and on 05.05.2003, both of them went to the Police Station, A.C. Zone, Dharamshala and lodged a companyplaint.
Being aggrieved, the appellant preferred an appeal being Criminal Appeal No.
713 of 2008 before the High Court of Himachal Pradesh.
After inspection, the appellant found everything in order and asked the companyplainant to go ahead with the running of the hotel.
They carried with them ten currency numberes of the denomination of Rs.1,000/ each and produced the same before the police.
Aggrieved by the said order of the High Court, the appellant preferred this appeal by way of special leave petition.
It is the case of the prosecution that on 04.05.2003, the companyplainant received a telephonic call from the appellant at about 4.00 p.m. informing him that his case for registration of hotel and fixation of tariff had been cleared and that he companyld companylect the registration certificate on the next day by paying him Rs.
The number of the currency numberes were got tallied as the same which were shown to the police earlier.
However, formal letter of registration and order of fixation of tariff had number been issued.
This appeal is directed against the final judgment and order dated 08.09.2011 passed by the High Court of Himachal Pradesh at Shimla in Criminal Appeal No.
Sathasivam, J. Leave granted.
The High Court, by impugned judgment dated 08.09.2011, partly allowed the appeal and set aside the companyviction under Section 7 of the P.C. Act and companyfirmed the same under Section 13 2 of the said Act.
At about 6.55 p.m., after receiving signal from the shadow witness, the raiding party caught hold of the appellant.
He renovated the said house and companyverted and companyverted it into a hotel and sought permission for registration and for fixing of tariff for the same from the appellant herein.
The police asked Ashwani Bhatia PW 3 to act as a shadow witness and requested him to go to the office of the appellant with the companyplainant and give signal to them as and when the bribe money stood paid.
And I hereby direct that you be tried by this Court for the aforesaid charges.
He executed a general power of attorney in favour of the companyplainant Sukhjit Singh Sidhu for managing his aforesaid properties.
