9911796707
TMI Blog1970 (11) TMI 104X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of the appeal, the High court suo motu gave him notice for enhancement of the sentence. Subsequently the State also filed Criminal Petition No. 126 of 1965 for enhancement of the sentence on the ground that under Section 5(2) of the Act the minimum punishment was to be not less than one year unless the court for special reasons thought fit to do otherwise. The reasons given by the Special Judge did not appeal to the High Court which dismissed the appeal of the appellant and confirmed the conviction under Section 5(1)(d). It reduced the fine of ₹ 1, 000/- to one of ₹ 100/- but increased the sentence under Section 5(2) of the Act for the offence under Section 5(1)(d) to simple imprisonment for one year and in default of paymen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t who told him that no such certificate could be given from his office as there was no arrangement there for giving the requisite training. After rejecting the complainant's written application to him as the District medical Officer, Bidar, the appellant asked the complainant to meet him at his residence the same day. On the 2nd March the complainant met the appellant as requested when the appellant demanded ₹ 150/- for issuing the required certificate. The appellant informed the complainant that as the certificate had to be issued without training the money asked of must be paid. The complainant met the appellant again on the 22nd March and told him that he had arranged for ₹ 50/- and could pay some more money afterwards. O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e District Medical Officer. The application shows that the complainant had arranged for ₹ 40/- to be paid to the appellant and records the numbers of the currency notes to be given to the appellant. The Inspector stated in the application. The nature of the complaint is such as warrants immediate investigation. The Police Inspector prayed that permission be accorded as asked for and that he be authorised to conduct the search of the person of the appellant and the place where he kept the bribe amount after accepting it from the complainant. 5. The Magistrate who figured as a prosecution witness in the case gave evidence to the effect that the application was put up before him on the 29th March and that the Police Inspector had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his shirt. The appellant asked for the certificates which were handed over to him by the complainant and counter-signed by the appellant. On a signal being given the police, the search witnesses along with others entered the room. On being accosted the appellant denied having taken any money. He was asked to dip his hands in water mixed with soda powder. The water turned pink indicating the presence of Phenolpthalein on the appellant's hand. On the Inspector asking him to produce the money the appellant put his hand into his shirt pocket and brought out the notes and a Panchnama was drawn up. 7. It is unnecessary for the purpose of the appeal to examine the facts of the case in any greater detail. It appears that on April 1, 1961, P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sanctioned permission to investigate. 9. Before us counsel for the appellant referred to the evidence of the Police Inspector, P.W. 20, to show that neither the Deputy Superintendent of Police nor the Superintendent of Police at Bidar had been contacted. It was argued that Section 5-A did not require that any officers of the Anti- Corruption Department could investigate into the matter and it should be held that the Magistrate did not apply his mind to the facts of the case when ~he granted the sanction to investigate to P.W. 20. 10. It is quite clear from the facts and circumstances that the Magistrate felt that the case required immediate investigation and it was only on that basis that the gave permission to the Police Inspector t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ainant and the appellant-accused and that when he was in front of the New Mysore Cafe, P.W. 18, a Police Officer had approached him and requested him to act as a search witness. P.W. 5 in his evidence similarly stated that he had been asked by P.W. 18 to be a search witness. He further admitted that he had formerly worked in the Reserve Police when P.W. 18 was a trainee under him. At the most all that can be said with regard to P.Ws. 3 and 5 is that P.W. 18 knew them but counsel was not able to point out any fact disclosing intimacy of P.W. 20 with the search witnesses. 13. The judgment of the High Court shows that no suggestion was made that either P.W. 18 or P.W. 20 bore any ill-will towards the appellant to get up a false case against ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
