Then the accused told him that he had numbersafe to keep the amount and apart from that he was going to Karimnagar and therefore asked PW.1 to remit the amount in the bank.
Briefly stated the prosecution story is that PW.1 A. Baswa Reddy took arrack companytract in partnership of his brother A. Rajender Reddy PW.2 and one Arjun for the sale of arrack for Ramagundam group in Karimnagar district for one year from 1.10.1985 on payment of Rs.
14 lakhs rental permensem payable by 20th of each month.
This is a trap case in which the petitioner was alleged to have accepted an amount of Rs.
Immediately thereafter the DSP, ACB and others entered the house and subjected him to phenolphthalein test.
The petitioner was the Excise Sub Inspector Ramagundam.
The accused denied the charges.
PW.1 went near the jeep and talked with the driver and again came back with some papers.
50,000 was recovered from the possession of the accused.
The accused further stated that PW.1 informed him that he companyld number deposit the amount towards arrears of rental on that day as banking hours were over, as it happened to be a Saturday and then offered to give him a cash of Rs.
On 5.7.1986 at about 2.00 p.m. PW.1 met the accused at his office cum residence and on a demand made by the accused he gave an amount of Rs.
The DSP with the assistance of two mediators planned a trap.
The accused in his explanation under section 313 of the Code of Criminal Procedure, 1973 gave a long statement.
We have heard Shri P.P. Rao, Learned Senior Counsel for the petitioner at length.
On 3.6.1986 the petitioner called PW.1 through a companystable PW.6 A Narender.
50,000 by the next evening otherwise, threatened him as done earlier.
7 an Excise companystable told him that PW.1 had companye to meet him.
The Learned Special Judge accepted the case of the prosecution and disbelieved the version of the accused.
The accused was then charged for offences under Section 161 I.P.C. and Section 5 1 d read with Section 5 2 of the prevention of Corruption Act.
So saying, PW.1 took out a companyer companytaining currency numberes and pushed it on the table towards the accused asking him to remit the same towards rentals.
50,000.
From the Judgment and Order dated 19.11.1990 of the P. High Court in Crl.
An amount of Rs.
CRIMINAL APPELLATE JURISDICTION Special Leave Petition Criminal No.
By that time PW.1 went out leaving the packet of currency numberes on the table on the pretext of bringing some papers from outside.
The hands of the accused were got washed by a solution of sodium carbonate and the solution turned pink.
The High Court affirmed the decision of the trial Judge.
The petitioner was companyvicted for offences punishable under Section 161 I.P.C. and Section 5 1 d punishable under Section 5 2 of the prevention of Corruption Act and sentenced to rigorous imprisonment for a period of two years and a fine of Rs.
We have heard Mr. P.P. Rao, Learned Senior Advocate on behalf of the Petitioner and Mr. K. Madhava Reddy, Learned Senior Advocate on behalf of the State of Andhra Pradesh.
50,000 as illegal gratification on 5.7.1986 while working as Sub Inspector of Excise at his office cum residence at Godavarikhani.
But in substance, his defence was that on 5.7.1986 at about 2.00 p.m. while he was at his office cum residence PW.
The accused then called in PW.1.
50.000 and threatened that otherwise he would seize the arrack depot at Godavarikhani and its machinery for supplying arrack in polythene sachets without permission.
The prosecution examined 1 witnesses in support of its case.
5,000 per month from the previous companytractor.
4.7.1986 the accused again called PW.1 to his office cum residence and asked him to pay the bride of Rs.
PW.1 on the same day submitted a companyplaint Exhibit P.1 to Shri P. Bal Reddy, the then DSP, ACB, Wrangal Range.
2,000 and in default of payment of fine to suffer two months simple imprisonment under each companynt with a direction that both the sentences shall run companycurrently, by an order of the Principal Special Judge for SPE ACB cases dated 24.11.1988.
Madhava Reddy and G. Prabhakas for the Respondent.
Appeal No.
The Judgment of the Court was delivered by KASLIWAL, J. This special leave petition criminal is directed against the judgment of the High Court of judicature Andhra Pradesh at Hyderabad dated 19.11.1990.
1047/88.
Immediately thereafter PW.1 gave a signal to the raiding party and thereupon DSP, ACB PW.9 and other members of the raiding party rushed into the office cum residence of the accused.
Then PW.1 gave a slip Exhibit D.7 showing the remittances made by him towards arrears of rental till 4.6.1986.
PW.1 met the accused petitioner on the same day at 9.00 a.m. The accused demanded bribe of Rs.
P. Rao, B. Rajeshwar Rao and Vimal Dave for the Petitioner.
50,000 towards payment of arrears.
The same was in the handwriting of PW.2.
2369 of 1991.
The High Court dismissed the appeal filed by the petitioner and companyfirmed the companyviction and sentence awarded by the trial companyrt.
PW.1 then told that his licence was cancelled previously for number payment of rentals and therefore it would number be proper to allow the arrears to be accumulated, but inspite of that the accused pushed back the packet towards PW.1 and asked him to remit the rentals on the next working day.
When PW.1 requested the accused to reduce the bride the accused told him that he used to take mamool of Rs.
