Judgment : Surya Prasad 1. THIS is a, criminal appeal against the judgement and order dated 17th May, 1988 passed 'by then Special Judge, Ghaziabad in Sessions Trial No. 3 of 1985 State v. Mahabir Singh and another, convicting the appellant-accused under section 5 (2) read with Section 5 (1) (d)of the Prevention of Corruption Act and sentencing him to four years Rigorous Imprisonment and a fine of Rs. 1000/-. In default he was ordered to undergo further six months Rigorous Imprisonment. He was further convicted under Section 161 CPC and sentenced him to one year's Rigorous Imprisonment thereunder, Both the sentences were directed to run concurrently. 2. THE prosecution case briefly stated is that Shyam Lal, father of Rajendra Singh, purchased certain agricultural land from one Kaley Singh son of Naurang resident of Phoolpur. Rajendra Singh moved an application for mutation of the name of his father over the land before the appellant-accused Har Saran Lal Sharma. who was posted as Assistant Consolidation Officer of Circle Kot, Tehsil Dadri, District Ghaziabad. The accused Har Saran Lal Sharma demanded Rs. 500/-as bribe from Rajendra Singh, who paid him Rs. 200/- and promised to pay Rs. 300/- later on. Rajendra Singh was not, however, in favour of giving any money as bribe to Har Saran Lal Sharma and therefore, be contacted S. P. Vigilance at Meerut. He made a complaint to the S. P. Vigilance about the demand of bribe money by Har Saran Lal Sharma, A.C.C. through an application Ex. Ka-1. Sri Dharam Pal Singh, Officiating Superintendent of Police Vigilance directed the Inspectors Bheem Singh and K. K. Tyagi of Vigilance department to lay a trap to apprehend the accused Har Saran Lal Sharma red handed, vide his order dated 22nd September, 1984, Inspector K. K Tyagi met Rajendra Singh and directed him to meet him in front of Roadways Bus Stand at Dadri on 24-9-86 at about 9.00 A.M. He also directed him to bring Rs. 300/-, the amount which was to be paid as bribe to Har Saran Lal Sharma. The raiding party consisting of K. K. Tyagi, Bheem Singh and certain other constables reached Dadri Roadways Bus Stand. Rajendra Singh met them there. Two witnesses of public named Laxmi Narain Sharma and Vishan Pal were also taken for the purpose of laying a. trap. 300/-, the amount which was to be paid as bribe to Har Saran Lal Sharma. The raiding party consisting of K. K. Tyagi, Bheem Singh and certain other constables reached Dadri Roadways Bus Stand. Rajendra Singh met them there. Two witnesses of public named Laxmi Narain Sharma and Vishan Pal were also taken for the purpose of laying a. trap. Inspector K. K. Tyagi made his initials on the three currency notes of Rs. 100/-each demoninations. Those notes were also treated with phenolphthalein power by constable Surendra Kumar Gyagi. The hands of Surendra Kumar Tyagi were dipped in a glass of Sodium carbonate solution The dipped solution was filled in a vial and was sealed then and there. All these proceedings were mentioned in the memo Ex. Ka-2 prepared in front of the Roadways Bus stand. Necessary instructions were given to Rajendra Singh that he would give the said notes to Har Saran Lal Sharma, A.C.O. on his demand. Thereafter the raiding party proceeded towards the A.C.C. office situated at the residence of Dalvir Singh in village Kot. Rajendra Singh, Inspector Bheem Singh and the witness Laxmi Narain Sharma went into the office of the A.C.O. while the Inspector K. K. Tyagi along with constables and other witness Vishan Pal remained outside the office of the A CO. Rajendra Singh wished the A.C.O. and requested biro to do his mutation work he also expressed that he had brought Rs. 300/- as per his demand. Thereupon Har Saran Lal Sharma kept the mutation papers in front of him and asked Rajendra Singh to give the remaining sum of Rs. 300/- He had also assured that his work of mutation would be done. Thereupon Rajendra Singh gave Rs. 300/- to Har Saran Lal Sharma, who counted the money and gave it to the other accused Mahabir Singh Lekhpal for doing the mutation work of Rajendra Singh. Mahabir Singh took the money from Har Saran Lal Sharma, counted it and kept it in the right fist of his hand. Then the raiding party was convinced that the transaction of the demand and acceptance of bribe money was complete and thereupon all of them surrounded the accused persons, they disclosed their identity and on search Rs. 300/- was recovered from the right hand of accused Mahavir Singh. Then the raiding party was convinced that the transaction of the demand and acceptance of bribe money was complete and thereupon all of them surrounded the accused persons, they disclosed their identity and on search Rs. 300/- was recovered from the right hand of accused Mahavir Singh. They were the same currency notes which bore the initials of the Inspector K. K. Tyagi and were treated with phenolphthalein powder. Necessary formalities were observed. The raiding party also took into its custody the application for mutation, affidavit of Shyam Lal, copy of order of Sri D. N. Sharma, S.O.C. regarding permission to sell the plot in question and the original sale deed regarding the plot in question by Kaley in favour of Shyam Lal vide memo Ex. Ka-4. Thereafter completing the other formalities the raiding party took the arrested accused-persons Mahavir Singh and Har Saran Lal Sharma to the police Station Dadri along with the recovered articles. The Inspector K. K. Tyagi submitted a written report there. A First Information Report was prepared on the basis of the report so submitted. After the completion of the investigation into the case and after obtaining necessary sanction for the prosecution of the appellant accused, charge-sheet was ultimately submitted against them. The prosecution examined the complainant Rajendra Singh PW 1, K. K. Tyagi, PW 2 Laxmi Narain Sharma PW 3, P. R. Verma PW 4 and the then constable clerk of the police station Dadri Pitam Singh PW 5 and relied upon certain documents in support of its case. 3. THE appellant- accused pleaded not guilty. He has stated that all the allegations levelled against him are wholly wrong and incorrect. He has further stated that he has been falsely implicated in this case by Rajendra Singh on account of enmity. He has also stated that he could not be able to form a chak in the name of Rajendra Singh at a particular place according to his wish and will with the result that he generated feelings of animosity towards him. The appellant-accused has not examined any one in support of his contentions. 4. HAVING heard the learned counsel for the parties and having considered the evidence on record, the then Special Judge, Ghaziabad acquited the co-accused Mahavir Singh, but convicted and sentenced the accused-appellant Har Saran Lal Sharma brought his impugned judgment and order as mentioned earlier. The appellant-accused has not examined any one in support of his contentions. 4. HAVING heard the learned counsel for the parties and having considered the evidence on record, the then Special Judge, Ghaziabad acquited the co-accused Mahavir Singh, but convicted and sentenced the accused-appellant Har Saran Lal Sharma brought his impugned judgment and order as mentioned earlier. Aggrieved, the appellant- accused preferred this appeal against the same. Heard the learned counsel for the parties and perused the evidence on record. 5. THERE are houses and shops on both the sides of the Dadri Roadways Bus Stand The Assistant Consolidation officer's Office was situated in the villege Kot But Sri K. K. Tyagi PW 2 did not make any effort to procure any independent witness either at the said Roadways Bus stand or in the village Kot itself. Laxmi Narain Sharma PW 3 and Rajendra Singh PW 1 are residents of one and the same village. Laxmi Narain Sharma is the village Pradhan, Shyam Lal, father of Rajendra Singh was challaned in a canal case. Laxmi Narain Sharma was a witness in that case on behalf of Shyam Lal. Not only this [but he is also a witness to the sale deed executed in favour of Shyam Lal by Kaley. Therefore, Laxmi Narain Sharma cannot be treated as an independent witness. He has stated that his statement was not recorded by the Investigating Officer. He has further stated that the appellant -accused was caught hold of in his office but his hands were washed outside his office. However, a perusal of his statement would show that nothing had happened before him. 6. SHYAM Lal had got a sale deed executed by one Kaley in respect of certain agricultural land. Consequently an application along with an affidavit and the sale deed itself is said to have been presented in the office of the accused for mutation of the name of SHYAM Lal over the said agricultural land. The application and the affidavit, according to Rajendra Singh PW 1, were prepared on one and the same day. But the application and the affidavit are dated 12-6-84 and 14-9-84 respectively. There was no record whatsoever in the office of the accused to show that the said application along with the affidavit etc. was actually presented in his office. The application and the affidavit, according to Rajendra Singh PW 1, were prepared on one and the same day. But the application and the affidavit are dated 12-6-84 and 14-9-84 respectively. There was no record whatsoever in the office of the accused to show that the said application along with the affidavit etc. was actually presented in his office. Rajendra Singh PW 1 did not make any mention in his complaint or statement under section 161 CrPC of the application having been presented in the office of the appellant- accused. Sri K. K. Tyagi PW 2 did not try to see any register etc. to ascertain whether any such application and affidavit were entered therein, the documents alleged to have been seized were not sealed Sri K. K. Tyagi has asserted that he had prepared a memo regarding the taking into his custody the aforesaid documents. He had obtained the signatures of the witnesses on the memo. But he had not obtained the signature of the appellant-accused on that memo. Nor had he given a copy of that memo to him (Appellant- accused). Why all this ? Because nothing in writing appears to have been done in the office of the appellant- accused in connection with the trap in question and because every thing in connection therewith appears to have been done at the police station itself. The contention of the learned counsel for the appellant-accused to this effect appears to have substance. His contention further finds support from the statement of the constable clerk Pitam Singh PW 5 when he says that he cannot say whether the writing work was done in any other room of the police station or not. Sri K. K. Tyagi PW 2 has also acted as Investigating Officer in this case upto certain extent. His act and conduct is, not beyond suspicion. 7. P. R. Verma PW 4 is another Investigating Officer in this case. After completing the investigation: into the case he submitted the charge-sheet against the appellant-accused. He had obtained the sanction order from the competent authority for prosecuting the appellant -accused. The then Commissioner (Consolidation) Uttar Pradesh Sri S. Dass had accorded the sanction order Ex. Ka-8 for prosecuting' the appellant-accused. Sri S. Dass has not been examined as prosecution witness in this case. P. R. Verma PW 4 has stated that he identifies the signature of Sri S. Dass. The then Commissioner (Consolidation) Uttar Pradesh Sri S. Dass had accorded the sanction order Ex. Ka-8 for prosecuting' the appellant-accused. Sri S. Dass has not been examined as prosecution witness in this case. P. R. Verma PW 4 has stated that he identifies the signature of Sri S. Dass. He has not said anything else about the sanction order Ex. Ka-8. There is no description of the documents actually placed before Sri S. Dass for the purpose of obtaining sanction order from him. The words "Diariyon Tatha Usme Ullikhit Abhulekhon" occurring in the sanction order Ex. Ka-8 are as vague as anything. There is no specific description of the diaries or the documents in the sanction order or any where else. There is, therefore, mottling on record to show what diaries and what documents Sri Dass had actually perused before according the sanction order Ex. Ka-8. Therefore, the question of his having applied his mind before according the sanction order Ex Ka-8 does not arise. The sanction order appears to have been passed in the most mechanical way. This is so particularly because there is no evidence to show who had actually placed the relevant documents/record before Sri Dass and who actually prepared the draft or on whose dictation or instance it was prepared. 8. THE policy underlying the relevant provision is to see that there should not be unnecessary harrassment of a public servant. For all this, reliance is placed upon "Mohd. Tafazul Rahman v. State of Orissa, 1985 CrLJ 1971 Orissa High Court wherein Major Somnath v. Union of India, AIR 1979 SC 677 , has also been referred to. In the result the appeal is allowed. The impugned judgment and order are set aside. The appellant-accused was acquitted of the offences with which he has been charged. He is on bail. His bail bonds are cancelled and sureties stand discharged. He need no surrender. Appeal allowed.