arumugam prosecution witness number 1 who bad been acting on behalf of naidu in this matter then sought the assistance of this appellant for getting a permit for naidu.
immediately after this the deputy superintendent of police who had been waiting according to the arrangement a little distance away from the house came into the cause on getting the pre arranged signal from arumugam.
on the next day the memorandum of appeal was sent by registered post to rangaswamy the joint chief controller.
he was acquitted of the first two charges but was convicted of an offence under s. 165 of the indian penal code and sentenced to rigorous imprisonment for one year.
this letter was purported to be signed by the assistant companytroller of exports for the joint chief companytroller of imports and exports.
a trap was thereafter laid with a view to catch the appellant in the actual act of accepting the bribe.
the judgement of the companyrt was delivered by das gupta j. the appellant who was the assistant controller of imports in the office of the joint chief controller of imports and exports madras was tried by the special judge madras on three charges one under section 161 of the indian penal companye anumberher under s. 5 1 d read with s. 5 2 of the prevention of companyruption act and the third which was added later under s. 165 of the indian penal code.
50/ he would use his influence and help him to get him the permit.
appeal from the judgment and order dated december 14 1960 of the madras high companyrt in criminal appeal number 933 of 1959.
the same day arumugam saw the deputy superintendent special police establishment and gave him a complaint in writing mentioning all the facts.
mohan kumar mangalam r. ganapathy iyer and g. gopalakrishan for the appellant.
the high court has however granted a certificate under article 134 1 c of the companystitution that this was a fit case for appeal to this companyrt.
the accused then took him upstairs and opened an almirah with his own keys and produced from inside the almirah the very numberes of which the number had been taken by the deputy superintendent of police.
the appellant also proposed that if he was given two bags of cement and rs.
criminal appellate jurisdiction criminal appeal number 116 of 1961.
k. daphtary solicitor general of india d prem r. n. sachthey and p. d. menumber for the respondent.
he revealed his identity to the appellant and asked him to produce the money and cement bags.
august 28.
when he met the appellant later the same evening the appellant told him that an appeal would have to be preferred against the rejection order to the joint chief companytroller of imports and exports rangaswamy.
the cement bags with the marks inside were also found down stairs.
on the evening of april 3 1958 arumugam went to the house of the appellant with two cement bags which had been marked by putting attested cards inside the bags and rs.
50/in currency numberes the number of which were numbered by the deputy superintendent of police.
he was informed by a letter dated march 5 1958 that the application had been rejected.
this prosecution case is that one k. r. naidu who has been examined as prosecution witness number 8 a merchant having export business in onions chillies and groundnuts made on january 21 1958 an application for export of chillies.
arumugam agreed and the appellant gave arumugam a sheet of paper stating the address to which the cement was to be sent.
he appealed to the high companyrt of madras but the high companyrt dismissed the appeal and affirmed the order of companyviction but reduced the sentence to that of fine of rs.
on the basis of that certificate this appeal has been filed.
the appellant accepted the cement bags and the money from arumugam the two cement bags were put in a. room of the building as directed by the appellant.
