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Himachal Pradesh High Court · body

2014 DIGILAW 185 (HP)

State of Himachal Pradesh v. Padam Dev

2014-03-10

RAJIV SHARMA

body2014
Judgment Rajiv Sharma, J. 1. This appeal is directed against the judgment dated 27.8.2010, rendered by learned Special Judge (Forests), Shimla, in Corruption Case No. 9-S/7 of 2008, whereby the accused/respondent, Padam Dev, who was charged with and tried for offences punishable under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988, has been acquitted. 2. The case of the prosecution, in a nutshell, is that PW1 Raj Kumar, complainant, had applied for issuance of a goods tax certificate commonly known as gata copy in local parlance. The accused delayed the matter on one pretext or the other. Ultimately, the accused demanded a sum of Rs.2500/- from Raj Kumar. On this, Raj Kumar filed a complaint with the State Vigilance and Anti Corruption Bureau, Khalini. According to him, he had purchased one Tata Sumo bearing registration No. HP-01A-3734. He was running it as Taxi. He had applied for goods tax certificate on 22.11.2005. The matter was delayed unnecessarily by the accused. Thereafter, the police registered an FIR vide Ext. PW8/A. A trap was laid. Currency notes of Rs.2500/- were treated with phenolphthalein powder and a memorandum of demonstration was also made. Raj Kumar was handed over treated currency notes of Rs.2500/- with a direction to hand over the money to the accused and give signal to the trap party. The complainant handed over the money to the accused and thereafter on signal being received, trap party apprehended the accused and his hands were got washed with sodium carbonate solution. The hand wash turned pink. The accused produced currency notes of Rs.2500/-, numbers whereof were tallied with the pre-trap memorandum. The currency notes were taken into possession. The accused was arrested and the documents were seized in accordance with law. The investigation was completed and the challan was put up in the trial court after completing all the codal formalities. 3. The prosecution examined as many as eleven witnesses to prove its case. The accused was examined under Section 313 Cr.P.C. The accused denied the case of the prosecution and pleaded innocence. 4. Learned Special Judge (Forests) acquitted the accused vide judgment dated 27.8.2010, as noticed above. Hence, the appeal. 5. Mr. Vivek Singh Attri, learned Deputy Advocate General, has vehemently argued that the prosecution has proved its case against the accused. 6. Mr. Satyen Vaidya, learned Advocate, has supported the impugned judgment dated 27.8.2010. 7. 4. Learned Special Judge (Forests) acquitted the accused vide judgment dated 27.8.2010, as noticed above. Hence, the appeal. 5. Mr. Vivek Singh Attri, learned Deputy Advocate General, has vehemently argued that the prosecution has proved its case against the accused. 6. Mr. Satyen Vaidya, learned Advocate, has supported the impugned judgment dated 27.8.2010. 7. I have heard learned counsel for the parties and have also gone the pleadings and records carefully. 8. PW1, Raj Kumar, deposed that he was owner-cum-driver of Tata Sumo No. HP-01A-3734. He was plying it as Taxi. He got the vehicle registered in the office of R.T.O. Shimla. He was to get Gata copy (inspection book) for the purpose of goods and passengers tax. It was to be issued by the Excise Office at Kasumpti. He visited the Excise Department for getting Gata copy in the month of November 2005. According to him, the accused was sitting on the seat of Gata copy. He deposited the documents through the accused, who issued receipt to him. When the Gata copy was to be prepared, then the receipt was to be returned to the Excise Department as per practice. He visited the Excise Office for 2-3 years, but could not get the Gata copy. On two occasions, one Kamla was sitting in the room, who told him to search the Gata copy himself. However, it was difficult for him to search the same. He again visited the Excise Office. The accused was sitting on the seat. He was told that it was difficult to search gata copy as a number of persons were sitting on the seat. He again went to the Excise Office on 9.2.2008. He showed the receipt to the accused, who told him that he had to search for the same. The accused asked him to come after 2-3 days. He again went after 2-3 days because he required the gata copy urgently in order to attach his vehicle at Jhakri. The accused again told him to come after 2-3 days as he had to search the gata copy and it would costs Rs.2500/-. He arranged the money and informed the Vigilance Department. The Vigilance Department recorded his statement vide Ext.PA. He gave Rs.2500/- to the Vigilance Department vide memo Ext.PB. One Kamal Kumar was with him and one Tanwar was called by the vigilance police. He arranged the money and informed the Vigilance Department. The Vigilance Department recorded his statement vide Ext.PA. He gave Rs.2500/- to the Vigilance Department vide memo Ext.PB. One Kamal Kumar was with him and one Tanwar was called by the vigilance police. Bhag Chand, Deputy Superintendent of Police along with other police officials was there. He treated notes of Rs.2500/- with the powder. Thereafter, currency notes were given in the hands of Kamal Kumar. When his hands were washed with plain water, the hand wash remained the same, but when his hands were washed with another water, in which powder was mixed, then hand wash turned pink. The pink water was put in a nip and the same was sealed vide memo Ext. PC. He along with witnesses signed the memo Ext. PC. Nip, Ext.P1, was the same, on which he along with witnesses put signatures. The police told him to hand over Rs.2500/- to the person, who had asked for it and also give a signal by catching his ear with the hand. According to him, the accused was sitting on the chair, who demanded a sum of Rs.2500/- and told him that gata copy would be given after the payment. He handed over Rs.2500/- to the accused. When he caught hold of his ear, the police came there. The accused had put Rs.2500/- in the back pocket of his pants. The police caught hold of both arms of the accused. The hands of the accused were washed and some powder was mixed in the water, which turned pink. Memo of proceedings was prepared vide Ext. PE. It was signed by him along with Kamal and Tanwar. Pink water was put in a nip, Ext.P2 and the same was sealed. The currency notes were taken out by the police from the pocket of the accused vide memo Ext. PF. The police tallied the numbers of the currency notes, which were deposited by him at the time of FIR. The currency notes were put in an envelope and were sealed vide Ext.P3. The police also took the sample of the seal on a piece of cloth and obtained the signatures of the complainant and witnesses thereon vide Ext.P4. The currency notes were in the denomination of three notes of Rs.500/- and one note of Rs.1000/-, numbers whereof tallied with the numbers mentioned in memo Ext. PB. The police also took the sample of the seal on a piece of cloth and obtained the signatures of the complainant and witnesses thereon vide Ext.P4. The currency notes were in the denomination of three notes of Rs.500/- and one note of Rs.1000/-, numbers whereof tallied with the numbers mentioned in memo Ext. PB. The accused was also asked to remove his pants. Accused pants were washed with the same water and power, which turned pink. The pink water was also put in another nip Ext.P-9. It was signed by him along with witnesses. Memo, Ext. PG, was prepared to this effect. The pants, Ext. P10 were taken into possession by the police. The police also took into possession gata copy from the accused vide Ext.P-12/1 to 15. In his cross-examination, he deposed that he had gone alone to the Vigilance office at Khalini. Kamal was known to him, however, he was not his friend. Tanwar was not known to him. According to him, he knew Kamal from his childhood. He had given currency notes of Rs.2500/- in the office of Vigilance Department. The same were checked up by the police and the report was lodged. When the demonstration was given in the Vigilance Office, Kamal was present only. Tanwar was called at Kasumpti. Tanwar had not signed the document Ext.PB at Vigilance Office, Khalini. When the currency notes were treated with powder in vigilance office, Tanwar was not present. The powder was brought by the vigilance department from laboratory. He did not make any complaint to any officer of the Excise Department for not issuing gata copy. He admitted that accused Padam Dev was Peon in the Excise Department. According to him, he had seen the accused on gata copy seat for the last ten years. The hands of Kamal at vigilance office were washed twice, once with powder and again with separate powder. Hands of the accused were washed when he touched the notes, which were mixed with the powder. When separate powder was put into the water, with which hands of the accused were washed, the water turned pink. According to him, there was a big hall in the Excise Department. He was visible to the Police as he was standing in other room. When he went to the Excise Department Madam Kamla was not there. When separate powder was put into the water, with which hands of the accused were washed, the water turned pink. According to him, there was a big hall in the Excise Department. He was visible to the Police as he was standing in other room. When he went to the Excise Department Madam Kamla was not there. He denied that the Excise Department had imposed a penalty of Rs.300/-, which he had not deposited. Papers of gata copy were lying in front of the accused on the table and were not taken out by anyone from almirah. According to him, the papers were taken out from drawer of the table. He admitted that he had told the police that the papers were taken out from the almirah. The documents, Ext.PA, Ext.PB, Ext.PD and Ext. PE were prepared at Excise Office Kasumpti. 9. PW2, D.T. Negi, deposed that he remained posted as Assistant Excise and Taxation Commissioner, Shimla from September 2005 to 2009. The gata copy under PGT Act was prepared and issued by his office. Accused Padam Dev was posted in the PGT branch. There used to be heavy rush of work in the office. The accused might be doing some other work in order to help the branch officials. He could not recognize handwriting of the accused on documents Q-1, A-1, A3 and Q-4. According to him, calculation part on Q-1 has been written by accused Padam Dev vide Ext.PW2/B. Gopal Jasta was Incharge of PGT seat. On 11.4.2008, Gopal Jasta was on half day’s leave vide application Ext.PW2/C. According to him, he had accorded prosecution sanction against the accused vide Ext.PW2/D. In cross-examination, he deposed that orders for gata copy were to be issued by the Excise and Taxation Officer. Gata copy was not issued to Raj Kumar because a penalty of Rs.300/- was not deposited by him. Raj Kumar never approached him for issuance of Gata copy. Gopal Jasta was dealing with the seat of gata copy in PGT branch for the last few months. Accused Padam Dev was not posted as Clerk in the PGT branch. He was not familiar with the handwriting of the accused. Calculation work had not been done in his presence. According to him, no private person had complained against Padam Dev during his tenure. Accused Padam Dev was not posted as Clerk in the PGT branch. He was not familiar with the handwriting of the accused. Calculation work had not been done in his presence. According to him, no private person had complained against Padam Dev during his tenure. He admitted that Gata Copy was issued by the Excise and Taxation Officer after dealing with the matter in the office and the Peon had no role. 10. PW3, Girdhari Lal, deposed that he remained posted as Superintendent in the office of Assistant Excise and Taxation Department, Shimla from May 2003 to 10th December 2008. The accused was working as Peon in the PGT Branch and also attending the office of Superintendent. The seat of gata copy was being dealt by Gopal Jasta at the time of incident. There was heavy workload on that seat. The PGT Clerk was taking help of other Clerks and Peons. He could not identify handwriting on documents Q-1, A-1, A3 and Q-4. According to him, when document Ext.P12/2 was filed by Raj Kumar, an acknowledgement receipt was issued by him containing validity of the receipt. Raj Kumar had not reported within the validity period and a penalty of Rs.300 was imposed upon him. In cross-examination, he could not say whether accused Padam Dev ever dealt with seat of gata copy and that only dealing assistant could deal with the seat. There was open hall, in which different seats of PGT, sales tax, establishment, superintendent and cashiers were there. He had not seen the accused sitting on the seat of PGT. Gopal Jasta was working on that seat for the last one month. On the day of occurrence, Gopal Jasta was on half day’s leave. According to him, whole of the hall was visible from his seat. He did not know Raj Kumar. He did not remember whether there was any quarrel before the incident. There used to be heavy rush and noise. 11. PW4, Gita Ram Thakur, deposed that he remained posted as Senior Assistant in the office of ADC Shimla since May 2001 to 2006. He worked on PGT seat and thereafter, on excise seat. Accused Padam Dev was working as Peon in PGT branch. There was shortage of employees. According to him, work of filling up forms of PGT and tax collection was used to be taken from Padam Dev. He worked on PGT seat and thereafter, on excise seat. Accused Padam Dev was working as Peon in PGT branch. There was shortage of employees. According to him, work of filling up forms of PGT and tax collection was used to be taken from Padam Dev. He was conversant with handwriting of accused Padam Dev. The documents, Ext.PW4/A, Ext.PW4/B and Ext.P12-1 were in handwriting of accused Padam Dev. In cross-examination, he deposed that accused used to sign the papers and then send the same to dealing hand. He admitted that it was not the duty of the Peon to prepare and sign the papers. 12. PW5, Lady Constable Usha Negi, deposed that she had deposited the case property including two nips, one packet containing currency notes and packet of powder before Forensic Science Laboratory vide R.C. Ext. PW5/B. 13. PW6, Dr. B.R. Rawat, Assistant Director, SFSL, Junga, proved on record report Ext.PW6/A. 14. PW7, Visheshwar Sharma, deposed that he had worked as Scientific Officer, Documents and Photography w.e.f. February 1999 to July 2008. He also proved on record report Ext.PW7/C. In cross-examination, he admitted that the detailed reasons to support his results were tendered only in the court and not at the time when the opinion was sent to the Investigating Agency. 15. PW8, Constable Radha Krishan, deposed that on 11.8.2008, he accompanied Bhag Mal, Deputy Superintendent of Police and other police personnel. They were going to SDA Complex and when they reached there, Dharminder Tanwar and Kamal Kumar were taken along. They were sitting in Tata Sumo and in the vehicle, Deputy Superintendent of Police disclosed his identity to said Kamal Kumar and Dharminder Tanwar. He also informed them about proceedings to be undertaken later on. Statement of Raj Kumar, who was also accompanying them in the vehicle, was recorded by the Dy. Superintendent of Police. An amount of Rs.2500/- was taken from Raj Kumar vide memo Ext.PB. Thereafter, currency notes were treated with phenolphthalein powder. The Dy. Superintendent of Police handed over the currency notes to Kamal Kumar, who in turn handed over the same to Raj Kumar. Raj Kumar was directed not to place anything else in the pocket in which said amount of Rs.2500/- was kept. Ruqua along with remaining phenolphthalein powder was handed over to him for being deposited in the Police Station. Superintendent of Police handed over the currency notes to Kamal Kumar, who in turn handed over the same to Raj Kumar. Raj Kumar was directed not to place anything else in the pocket in which said amount of Rs.2500/- was kept. Ruqua along with remaining phenolphthalein powder was handed over to him for being deposited in the Police Station. He went to the Police Station and deposited the phenolphthalein powder and also handed over the Ruqua Ext.PA, on the basis of which, FIR, Ext.PW8/A was registered. Thereafter, he took the case file from MHC Police Station Khalini and handed over the same to Dy. Superintendent of Police, who was present in the office of AETC, SDA Complex Kasumpti, where he came to know that the concerned babu, who wasdemanding money from Raj Kumar had gone for lunch and had just come and occupied his seat. In the meantime, Kamal Kumar, waved his hand and informed the police about arrival of the accused, who was sitting on his chair in the office. Thereafter, immediately, he, ASI Ranvir and Dy.S.P. Bhag Mal and other witnesses went inside the office of the accused and caught hold of his hands. Thereafter, Dy. Superintendent of Police asked Kamal Kumar to bring one plate (thali) from canteen and after plate was brought, hands of accused were washed in it. Colour of hand wash did not change. However, when powder of sodium carbonate was added, colour of hand wash turned pink. Hand wash then put in a bottle of glass and the same was sealed with seal ‘A’ vide seizure memo Ext.PE. The accused was asked to produce the amount received by him from Raj Kumar and the accused produced currency notes from his back pocket of pants. The notes were compared with the numbers mentioned in Ext.PB and the numbers tallied with the same. The notes were put in a envelope, Ext.P-3, which was sealed with seal ‘A’ and taken into possession vide memo Ext.PF. The back pocket of pants of the accused was got washed and when sodium carbonate was added, its colour turned pink. A memo Ext. PG was prepared to this effect. In cross-examination, he categorically deposed that no pre-trap demonstration was given at Vigilance Office, Khalini. No statement or memo was recorded in the Vigilance Office. He did not know from where witnesses Dharminder and Kamal were associated. A memo Ext. PG was prepared to this effect. In cross-examination, he categorically deposed that no pre-trap demonstration was given at Vigilance Office, Khalini. No statement or memo was recorded in the Vigilance Office. He did not know from where witnesses Dharminder and Kamal were associated. According to him, prep-trap demonstration was given in the vehicle at Kasumpti and the statement was also recorded in the vehicle itself. Only memo Ext.PB with regard to taking possession of notes was prepared in the vehicle. All other memos were prepared in the office of AETC at Kasumpti. Name of the accused was not known to any person when Ruqua Ext.PA was prepared. Name of the accused came to the notice of the police party and other witnesses when the accused was apprehended. No memo was signed by him. He went to the Police Station with Ruqua in a bus. He remained in the Police Station for an hour and came back to the AETC office at kasumpti with case file at 4.30 P.M. Till that time, trap had not been laid. The police party was sitting outside of AETC where the complainant and the accused were not visible. They went inside on the signal given by Kamal. He did not know what signal was given by Kamal. It was only the Dy. Superintendent of Police, who could tell what signal was preplanned. In pre-trap demonstration, hands of complainant Raj Kumar were got washed. The hands of the accused were got washed only once. The place where the trap was laid was a room having capacity of sitting of 4-5 persons. The other officials were also sitting in that room. 16. PW9, Kamal, deposed that on 11.4.2008 he had gone with Raj Kumar to Excise Office in order to get gata copy. Raj Kumar asked for gata copy from Padam Dev, who demanded Rs.2500/-. Thereafter, they went to the Vigilance Office and made a complaint to the police. Thereafter, they came back with the police officials to the Excise Office. They were inside the police vehicle. Raj Kumar gave Rs.2500/- to the police. The denomination was one note of Rs.1000/ and three notes of Rs.500/- . These notes were treated with the powder and the notes were given to him. He gave these currency notes to Raj Kumar, who kept theses notes in the pocket. They were inside the police vehicle. Raj Kumar gave Rs.2500/- to the police. The denomination was one note of Rs.1000/ and three notes of Rs.500/- . These notes were treated with the powder and the notes were given to him. He gave these currency notes to Raj Kumar, who kept theses notes in the pocket. The numbers of the currency notes were also noted. His hands were washed in a glass and some different powder was added in the glass of water, which turned pink. The pink water was put in a small bottle, which was sealed in his presence. Thereafter, they went to the Excise Office. The accused was not there as there was lunch time. When the accused came, he was standing behind the door and the complainant went inside the room where the accused was present. The complainant handed over the money to the accused and then gave signal to the police and the police came and caught hold of the accused from both wrists. The hands of the accused were washed. Some powder was put in the plate, which turned pink. Pink water was put in a bottle and the same was sealed. The accused was arrested and thereafter, the police recovered currency notes from the back pocket of the accused. In cross-examination, he deposed that he had not gone earlier with the complainant Raj Kumar to the Excise Office. He knew the complainant for the last 56 years and they were friends. Raj Kumar met him at Lakkar Bazaar Bus Stand at about 11.30 A.M. and asked him to accompany him to get gata copy in the Excise Office. He accompanied him in his vehicle. They reached the Excise Office by 12-1.00 P.M.. He did not know Padam Dev earlier. They remained there for about 10-15 minutes and from there they went to Vigilance Office. According to him, three memos were prepared at Vigilance Office. The report was written inside the vehicle and not in the Police Station. Raj Kumar had given signal to him and thereafter, he gave signal to the police. He had put his hands behind his head while giving signal. Raj Kumar had given signal to him by putting his hands in the pocket in his pants. These signals were already planned. The police officials were watching him and Raj Kumar both. Accused was sitting at the counter, which was glazed. He had put his hands behind his head while giving signal. Raj Kumar had given signal to him by putting his hands in the pocket in his pants. These signals were already planned. The police officials were watching him and Raj Kumar both. Accused was sitting at the counter, which was glazed. Accused was at a distance of about 15 steps from him, where he was standing. The talk between Raj Kumar and accused was not audible from the place they were standing. The currency notes were taken out by Padam Dev himself from his pocket. 17. PW10 Bhag Mal, Dy. Superintendent of Police, deposed that on 11.4.2008, Raj Kumar alias Raju along with Kamal Kumar came to the Vigilance Office and contacted him and reported that he had applied for gata copy in the office of Assistant Commissioner, Excise and Taxation at Kasumpti, where one person named Padam Dev had demanded Rs.2500/- for doing that job. He had come in his own vehicle. He along with some police officials, Raj Kumar and Kamal went to Kasumpti and visited the office of AETC Kasumpti from outside. They parked the vehicle near the office of Directorate of Health and associated another person, Dharminder and recorded the statement of Raj Kumar vide Ext.PA. Thereafter, he asked the complainant to hand over currency notes, who gave him four currency notes of the denomination of Rs.1000/- and three were of Rs.500/-. There were taken into possession vide memo Ext.PB. Thereafter, the notes were treated with phenolphthalein powder and he handed over the same to Kamal, who in turn handed over the same to Raj Kumar. Raj Kumar was instructed to put the same in the pocket. The demonstration was given to the raiding party by washing hands of Kamal, who had touched the notes. Hands of Kamal were washed with a plain water and thereafter sodium carbonate was added to it. Ext.PC was prepared in this regard. The remaining powder of phenolphthalein was sent to the Police Station vide memo Ext. PD through Constable Radha Krishan along with Ruqua. Hands of raiding party were got washed and memo Ext.PW9/A was prepared. Thereafter, a trap was laid after giving instructions to the complainant, shadow witness and other accompanying police personnel. Padam Dev accused had gone for lunch so the raiding party waited for some time. PD through Constable Radha Krishan along with Ruqua. Hands of raiding party were got washed and memo Ext.PW9/A was prepared. Thereafter, a trap was laid after giving instructions to the complainant, shadow witness and other accompanying police personnel. Padam Dev accused had gone for lunch so the raiding party waited for some time. After his arrival, the complainant went inside the office and Kamal was standing on the door and other members were outside at some distance. After getting signal from Kamal Kumar, he along with other police officials immediately rushed to the cabin of Padam Dev. Two police officials caught hold of him from his wrists. His hands were got washed in the presence of witnesses in the same manner as the demonstration was given earlier. The hand wash turned pink, which was taken into a nip, packed and sealed. Padam Dev took out the currency notes from the back pocket of his pants. Serial numbers of notes were tallied with the memo prepared, which tallied and the notes were taken into possession. Thereafter, Padam Dev was made to remove his pants and the pocket of the pants was got washed in the same manner. The pocket wash turned pink, which was also put in a nip. It was sealed and taken into possession vide memo Ext.PG. Thereafter, accused Padam Dev produced gata copy along with documents, which were taken into possession vide memo Ext.PW9/B. He prepared the spot map vide Ext.PJ. In cross-examination, he categorically admitted that no report was lodged in the Vigilance Office. He could not say that Kamal and Raj Kumar were known to each other and were friends. No effort was made by him to associate any independent witness as a shadow witness. Dharminder Tanwar was called through one his officials, who was working in the Health Department. He further deposed that neither any memo was prepared nor any proceedings whatsoever were conducted in the Vigilance Office. Prefixed signal was to be given to him by Kamal Kumar. Raj Kumar was not instructed to give any signal to him. Kamal Kumar was asked to give signal by itching his head. They went inside on the signal given by Kamal Kumar, who was sitting outside the office. Raj Kumar was not visible to the police party. Prefixed signal was to be given to him by Kamal Kumar. Raj Kumar was not instructed to give any signal to him. Kamal Kumar was asked to give signal by itching his head. They went inside on the signal given by Kamal Kumar, who was sitting outside the office. Raj Kumar was not visible to the police party. Accused was not sitting in any counter, so there was no need to enter the counter by opening any door. Accused was alone in the hall and his Superintendent was sitting in his office, which was just adjacent to the hall. There were about 3-4 persons in the hall. They were not associated during trap proceedings. Hands of the accused were washed only once. Currency notes were compared by him. He admitted that during investigation he came to know that gata copy was not handed over to the complainant as the Excise and Taxation Officer had imposed a fine of Rs.300/- upon him as penalty. 18. PW11, Jia Lal Azad, deposed that he remained posted as Judicial Magistrate, 1st Class, Court No. III, Shimla in the year 2009. He had taken specimen hand writings of accused Padam Dev and after attestation, handed over the documents to police vide Ext.PW7/B-1 to Ext.PW7/B-9. 19. According to PW1 Raj Kumar, he had gone to the Vigilance Office at Khalini. He had given currency notes of Rs.2500/- to the Vigilance Office. The same were taken and the report was lodged. According to him, demonstration was given in the Vigilance Office, Khalini in the presence of Kamal. When demonstration was given in the Vigilance Office, witness Dharminder Tanwar was not present. Dharminder Tanwar was called at Kasumpti. Hands of Kamal in Vigilance Office were washed twice, firstly with some powder and second time, with another powder. According to him, hands of the accused were washed when he touched the currency notes with his hands, which were mixed with the powder and second time, when another powder was put into the water, with which his hand were washed, hand wash turned pink. The papers of gata copy were lying in front of the accused on the table and were not taken out by anyone from almirah. The papers of gata copy were lying in front of the accused on the table and were not taken out by anyone from almirah. He denied that these papers were taken out from almirah as recorded in his statement under Section 161 Cr.P.C. He again made deposition that the papers were taken out from drawer of the table. PW8, Constable Radha Krishan gave altogether different version. According to him, they were going to SDA Complex Kasumpti and when they reached SDA Complex Kasumpti, Dharminder Tanwar and Kamal Thakur were taken along. They were asked to sit in Tata Sumo. An amount of Rs.2500/- was taken from the complainant Raj Kumar vide memo Ext.PB. The currency notes were treated with phenolphthalein powder. Thereafter, PW10 Bhag Mal, Dy. Superintendent of Police handed over the currency notes to PW9 Kamal, who in turn handed over the same to PW1 Raj Kumar. Raj Kumar was directed not to place anything in the pocket, in which he had kept Rs. 2500/-. According to him, PW9 Kamal Kumar waved his hand and informed the police about arrival of the accused. Immediately thereafter, he along with ASI Ranvir, PW10 Bhag Mal, Deputy Superintendent of Police and other witnesses went inside the office of the accused and caught hold of his hands. Hands of the accused were washed, however, colour of the hand wash did not change. According to him, when sodium carbonate powder was added, colour of hand wash turned pink. He categorically testified in his cross-examination that pre-trap demonstration was given in the vehicle at Kasumpti. According to him, police party was sitting outside the office of AETC from where the complainant and the accused were not visible. They went inside on the signal given by PW9 Kamal Kumar. According to him, in pre-trap demonstration, hands of complaint Raj Kumar were got washed. PW9, Kamal Kumar, has deposed that he along with Raj Kumar had gone to the Excise Office to get gata copy. Raj Kumar asked for gata copy from the accused, who demanded Rs.2500/-. Thereafter, they went to Vigilance Office and made complaint to the police. They were inside the vehicle of the police. Raj Kumar gave Rs.2500/- to the police in the vehicle. These notes were treated with the powder and the notes were given to him and he gave these currency notes to Raj Kumar, who put these notes in his pocket. Thereafter, they went to Vigilance Office and made complaint to the police. They were inside the vehicle of the police. Raj Kumar gave Rs.2500/- to the police in the vehicle. These notes were treated with the powder and the notes were given to him and he gave these currency notes to Raj Kumar, who put these notes in his pocket. His hands were washed in glass and some different powder was added in the glass of water which turned pink. According to him, when the accused came, he was standing behind the door and the complainant went inside the room where the accused was present. The complainant handed over the money to the accused and then he gave signal to the police and the police came and caught hold of the accused from his wrists. The conversation between Raj Kumar and accused was not audible from the place they were standing. PW10 Bhag Mal, Dy. Superintendent of Police, has testified that he recorded statement of Raj Kumar vide Ext.PA. He asked the complainant to hand over the currency notes, who gave him four currency notes of the denomination of Rs.1000/- and three were of Rs.500/-. These were taken into possession vide memo Ext.PB. The demonstration was given to the raiding party by washing the hands of Kamal, who touched the notes. Hands of Kamal were washed with plain water and thereafter sodium carbonate was added to it. According to him, on signal being received from Kamal Kumar, he along with other police officials immediately rushed to the cabin of Padam Dev, who was inside the cabin. According to PW1, Raj Kumar, he had handed over the currency notes in the Vigilance Office at Khalini, who had checked the same and the report was also lodged there. The demonstration was given in the Vigilance Office in the presence of Kamal. According to PW8 Constable Radha Krishan, PW9 Kamal, PW10 Bhag Mal, Dy. Superintendent of Police, demonstration was given in the police vehicle. The prosecution has not examined the independent witness, Dharminder Tanwar. The police has also not associated any other witness from the office of AETC and the adjoining offices. The only independent witness examined by the prosecution, Kamal Kumar, is friend of the complainant PW1. According to PW8 Radha Krishan, hands of the accused and the complainant were got washed only once. The police has also not associated any other witness from the office of AETC and the adjoining offices. The only independent witness examined by the prosecution, Kamal Kumar, is friend of the complainant PW1. According to PW8 Radha Krishan, hands of the accused and the complainant were got washed only once. There is also major contradiction, the manner in which the signal was given to the police officials. According to PW1, Raj Kumar, he caught his ears, then the police came on the spot. PW8, Constable Radha Krishan, has deposed that the police officials went inside the office of the accused on the signal of Kamal. PW9, Kamal Kumar, has deposed that the complainant handed over the money to the accused and then he gave the signal to the police and the police caught hold of the accused from his wrists. It has also come in the statement of PW9 Kamal Kumar, that he could not hear the conversation between Raj Kumar and the accused. PW10, Deputy Superintendent of Police, Bhag Mal, has deposed that on receipt of signal from Kamal Kumar, he along with other police officials immediately rushed to the cabin of the accused. It has also come on record that the complainant has not lodged any complaint against the accused before the Excise and Taxation Department. The Investigating Officer has not found during the course of the investigation that there was any complaint at any given time against the accused. 20. The accused was working as Peon in the Excise and Taxation Department. According to PW2, D.T. Negi, the accused might be doing some other work as per direction of the branch officials. He could not identify handwriting of the accused on documents Q-1, A-1, A-3 and Q-4. According to him, gata copy is issued by the Excise and Taxation Officer. The gata copy was not issued to Raj Kumar because a penalty of Rs.300/- was not deposited by him. PW1 Raj Kumar has denied the suggestion that the Excise and Taxation Department had imposed a penalty of Rs.300, which he had not deposited. There is also variance whether gata copy was lying on the table of the accused, or it was taken out from the almirah or drawer as per different versions of the complainant himself. PW1 Raj Kumar has denied the suggestion that the Excise and Taxation Department had imposed a penalty of Rs.300, which he had not deposited. There is also variance whether gata copy was lying on the table of the accused, or it was taken out from the almirah or drawer as per different versions of the complainant himself. According to PW3, Girdhari Lal, since the complainant Raj Kumar had not reported within the validity period, a penalty of Rs.300/- was imposed upon him for submission of late application. In his cross-examination, he has deposed that there was open hall where there were different seats of PGT, sales Tax, establishment and in front, the Superintendent seat and cashier seat were there. On the day of occurrence, dealing assistant Gopal Jasta was on half day’s leave. PW2, D.T. Negi, has categorically admitted that gata copy was to be issued by the Excise and Taxation Officer after dealing with the matter in the office and the Peon had no role. The complainant Raj Kumar never approached him in connection with issuance of Gata copy. PW4, Gita Ram Thakur, has categorically admitted that it was not the duty of the Peon to prepare and sign the papers. PW8, Constable Radha Krishan, has specifically stated the name of the accused was not known to any person when Ruqua, Ext.PA was prepared. The name of the accused came to the notice of the police party and other witnesses when the accused was apprehended. It is clear from the statements of the prosecution witnesses, that there were officials present in the office hall, but they were not associated as witnesses. 21. Their Lordships of Hon’ble Supreme Court in Ganga Kumar Srivastava vs. State of Bihar 2005 (6) SCC 211 have held as under:- “20. We must not forget that in a trap case the duty of the officer to prove the allegations made against a government officer for taking bribe is serious, and therefore, the officers functioning in the vigilance department must seriously endeavour to secure really independent and respectable witnesses so that the evidence in regard to raid inspires confidence in the mind of the court and the court is not left in any doubt whether or not any money was paid to be public servant by way of bribe. It is also the duty of the officers in the vigilance department to safeguard for the protection of public servants against whom a trap case may have been laid.” 22. Their Lordships of Hon’ble Supreme Court in Narendra Champakali Trivedi vs. State of Gujarat, AIR 2012 SC 2263 have held that recovery of tainted money from the accused by itself is not sufficient to record conviction. Their Lordships have held as under:- “12. At the outset, we may state that the recovery part has gone totally unchallenged. Though a feeble attempt was made before the High Court and also before us, yet a perusal of the evidence and the test carried out go a long way to show that the amount was recovered from the possession of the accused-appellants. It is the settled principle of law that mere recovery of the tainted money is not sufficient to record a conviction unless there is evidence that bribe had been demanded or money was paid voluntarily as a bribe. Thus, the only issue that remains to be addressed is whether there was demand of bribe and acceptance of the same. Be it noted, in the absence of any evidence of demand and acceptance of the amount as illegal gratification, recovery would not alone be a ground to convict the accused. This has been so stated in T. Subramanian v. The State of Tamil Nadu.” 23. The prosecution has failed to prove that the accused had demanded money from the complainant. Mere recovery of the tainted money is not sufficient for conviction. The findings recorded by the learned trial court acquitting the accused are reasonable and are supported by the record. 24. Accordingly, in view of the observations and analysis made hereinabove, there is no merit in the appeal and the same is dismissed. Bail bonds are ordered to be discharged. Pending applications, if any, also stands disposed of. No costs.