The word "subordinate" in S. 165 of the Indian Penal Code means "administratively subordinate" and does not require that the public servant accepting the gratification be connected with the functions with which the business or transaction is concerned.

Judgment

DAS GUPTA, J. : The appellant who was the Assistant Controller of Imports in the office of the Joint Chief Controller of Imports and Export, Madras was tried by the Special Judge, Madras on three charges- one under S. 161 of the Indian Penal Code, another under S.5 (1) (d) read with S.5(2) of the Prevention of Corruption Act and the third-which was added later - under S. 165 of the Indian Penal Code. He was acquitted of the first two charges but was convicted of an offence under S.165 of the Indian Penal Code and sentenced to rigorous imprisonment for one year. He appealed to the High Court of Madras; but the High Court dismissed the appeal and affirmed the order of conviction, but reduced the sentence to that of fine of Rs. 400/- in default rigorous imprisonment for three months. The High Court has however granted a certificate under Art. 134(1) (c) of the Constitution that this was a fit case for appeal to this Court. on the basis of that certificate this appeal has been filed.

2. The prosecution case is that one K.R. Naidu (who has been examined as prosecution witness No.8) a merchant having export business in onions chillies and groundnuts made on January 21, 1958 an application for export of chillieis. He was informed by a letter dated March 5, 1958 that the application had been rejected. This letter was purported to be signed by the Assistant Controller of Exports for the Joint Chief Controller of Imports and Exports. Arumugam (prosecution witness No.1) who had been acting on behalf of Naidu in this matter then sought the assistance of this appellant for getting a permit for Naidu. When he met the appellant later the same evening the appellant told him that an appeal would have to be preferred against the rejection order to the Joint Chief Controller of Imports and Exports Rangaswamy. The appellant also proposed that if he was given two bags of cement and Rs. 50/- he would use his influence and help him to get him the permit. Arumugam agreed and the appellant gave Arumugam a sheet of paper stating the address to which the cement was to be sent. on the next day the memorandum of appeal was sent by registered post to Rangaswamy, the Joint Chief Controller. The same day Arumugam saw the Deputy Superintendent, Special Police Establishment and gave him a complaint in writing mentioning all the facts. A trap was thereafter laid with a view to catch the appellant in the actual act of accepting the bribe. On the evening of April 3, 1958 Arumugam went to the house of the appellant with two cement bags which had been marked by putting attested cards inside the bags and Rs.50/- in currency notes the numbers of which were noted by the Deputy Superintendent of police. The appellant accepted the cement bags and the money from Arumugam. The two cement bags were put in a room of the building as directed by the appellant. Immediately after this the Deputy Superintendent of Police, who had been waiting according to the arrangement a little distance away from the house came into the house on getting the pre-arranged signal from Arumugam. He revealed his identity to the appellant and asked him to produce the money and cement bags. The accused then took him upstairs and opened an Almirah with his own keys and produced from inside the Almirah the very notes of which the number had been taken by the Deputy Superintendent of Police. The cement bags with the marks inside were also found downstairs.

3. The accused pleaded not guilty. He admits the recovery of the cement bags and the currency notes from his house but pleads that neither of these have been given to him and that the notes were found on the table and the cement bags were in the hall nearby; and these had been kept in his house without his knowledge or consent by Arumugan who wanted to make up a false case against him. According to him the whole story of his being approached by Arumugam or his asking for cement bags or money, or accepting them, is entirely false.

4. The Special J