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2013 DIGILAW 138 (HP)

State of Himachal Pradesh v. Hans Raj

2013-03-01

DEV DARSHAN SUD

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JUDGMENT Dev Darshan Sud, J The State/appellant has challenged the acquittal of the respondents for offence under Section 7 and 13(2) of the Prevention of Corruption Act (hereinafter referred to PCA), on the allegations that the complainant Shri Mandan Lal, PW2, who was a land owner and constructed a house on his land which he had rented out, was asked by the respondents for bribe so that house tax levied on him could be reduced. 2. The prosecution case is that the house of the complainant was in the Committee area and no house tax has been paid by the complainant. One day prior to the incident the complainant went to the shop of Prabhu Singh (not produced in evidence), who informed that Maan Singh, who was a tax collector had called the complainant to his shop. On 25.5.2007, Maan Singh told the complainant that a sum of Rs.12,000/- is due as house tax. Both accused then came to the house of the complainant in the evening and told him that house tax would be reduced by them in case he paid a sum of Rs.2,000/- to him. This money was to be paid in the shop of Prabhu Singh and in case Maan Singh was not present, money was to be paid to Hans Raj. The matter was reported to the police by (PW1) Shri Madan Lal, complainant. FIR Ex.PW3/A was registered and investigation was conducted by Inspector Balbir Singh. A raiding party was formed which consisted of Inspectors Nand Kishore, Shamsher Singh, H.C. Des Raj, Constable Snajay Kumar, PW7, LHC Gian Singh , PW2, Shri Mahant Ram, reader to ADM Mandi and Madan Lal, complainant. PW8 Inspector Balabir Singh took sodium carbonate powder and phenolphthalein powder from HC Kuldeep Singh, PW1. Solution of Phenolphthalein and water was prepared in one glass. Water did not change its colour. Solution of sodium carbonate powder and water was prepared in another glass. Water did not change its colour. When the two solutions were mixed in a bowl, the water changed colour to light pink. The solution of sodium carbonate and water was preserved in a nip Ex.P-1. with was sealed with seal P and memo Ex.PW2/A was prepared. Mandan Lal handed over four currency notes of Rs.500/- Ex. P-3 amounting to Rs. 2000/- and serial numbers of these currency notes were noted and memo Ex.PW2/B was prepared. The solution of sodium carbonate and water was preserved in a nip Ex.P-1. with was sealed with seal P and memo Ex.PW2/A was prepared. Mandan Lal handed over four currency notes of Rs.500/- Ex. P-3 amounting to Rs. 2000/- and serial numbers of these currency notes were noted and memo Ex.PW2/B was prepared. Currency notes were treated with phenolphthalein powder and were handed over to Madan Lal, complainant with direction to hand over the money on demand. Samples of sodium carbonate powder and phenolphthalein were taken in two different match boxes after putting each powder in separate paper packets. Each matchbox was sealed in a parcel of cloth with three impressions of seal P. Seal impression was taken on separate pieces of cloth and seal was handed over to Mahant Ram after its use. Constable Sanjay Kumar, PW7 was associated as shadow witness and he was told to signal the police by moving his hand on his head on delivery of money. Police party went towards Paddal in a vehicle which was stopped on a bridge. Mandan Lal and Sanjay Kumar were sent towards the shop of Shayam Lal. Remaining police party followed them and waited for the signal of the shadow witness. Madan Lal went towards the shop of Prabhu Singh where Man Singh told him to hand over the money to Hans Raj. Madan Lal handed over the money to Hans Raj who put the money in the pocket of his shirt. Sanjay Kumar signaled the police party by moving his hand on his head. Police party came to the spot and Sanjay Kumar caught both hands of Hans Raj as directed. Inspector Balabir Singh introduced himself and the members of raiding party. Water was taken form the shop of Shayam Lal and the hands of Man Singh were washed in the water, the water did not change its colour. Solution of sodium carbonate was prepared in a different glass. Water did not change its colour. When hand wash was mixed with the mixture of sodium carbonate, water changed its colour to light pink. This in brief is the prosecution case. I am not entering into other details for the reasons that the evidence produced by the prosecution itself destroyed its entire case. 3. Water did not change its colour. When hand wash was mixed with the mixture of sodium carbonate, water changed its colour to light pink. This in brief is the prosecution case. I am not entering into other details for the reasons that the evidence produced by the prosecution itself destroyed its entire case. 3. Learned Additional Advocate General submits that money having been seized from the accused, solution having changed colour when the hands of the accused were washed and sodium carbonate added to the solution, conclusively established the case of the prosecution. I cannot accept this submission for the reasons that the evidence of PW7 C. Sanjay Kumar completely destroys the case of the prosecution. In examination-in-chief, this witnesses states that “Inspector Balbir Singh took clear water in two glasses. A solution of phenolphthalein and water was prepared in a glass. Water did not change its colour. Solution of sodium carbonate powder and water was prepared in another glass and the water did not change its colour. When solution of sodium carbonate powder was added to the solution of phenolphthalein powder and water in a bowl, the water changed its colour to light pink. Solution of sodium carbonate and water was preserved in a nip. Nip was sealed with one impression of seal P.” He then proceeds “he revealed his name as Hans Raj and the person sitting on chair revealed his name as Man Singh. Clean water was taken from the shop of Shayam Lal. Hands of Hans Raj were washed with water in a bowl. Phenolphthalein and sodium carbonate powder were added to the water and water changed its colour to light pink. Water was preserved in a nip and nip was sealed with seal P after taking it from Mahant Ram reader. Currency notes were taken out of the shirt of Hans Raj. Inspector Balbir tallied the number of the currency notes. These were found to be correct as per the earlier memo. ” In these circumstances, it cannot be accepted that treated currency was in fact recovered from the accused when both the solutions phenolphthalein powder and sodium carbonate was added after the hand wash, there was no question of the case being proved, if the notes were treated with phenolphthalein, there was no necessity to added this solution after hand wash. 4. 4. One more point urged by learned counsel appearing for the respondents is that the entire case of the prosecution is based on the fact that a demand of Rs.2,000/- was raised to reduce the house tax to be levied on the complainant. I find from the record that no Panchayat record or municipal record has been produced on record to show that whether such tax has been levied on the complainant or not. 5. In these circumstances, I find no merit in this appeal which is accordingly rejected. Bail bonds furnished by the accused are discharged. 6. All pending miscellaneous applications also stand disposed of.