J.C. SHAH, J.

(1) THE applicant Healy was an employee of the North-Eastern Railway and was posted in March, 1959, as a Platform Inspector at Gorakhpur Railway Station. The appellant told Ghammoo a sweeper working under him that unless he was paid a bribe of Rs. 15.00 Ghammoo would be marked absent. Ghammoo at first demurred but later agreed to pay the amount demanded and to give a bottle of liquor, and thereafter made a report to the R. S. 0. Special Police Establishment at Gorakhpur about the demand made by the appellant. Arrangements were made to set a trap. On 27/03/1959, Ghammoo went to the office of the appellant and paid Rs. 15.00 in currency notes which had been duly marked by the Special Police Establishment Officers and half a bottle of liquor. The appellant after receiving the currency notes assured Ghammoo that he "would not be harassed any more". Thereafter the police officers and the witnesses who were watching the appellant rushed into his office and recovered the currency notes and the bottle of liquor from him.

(2) THE appellant was prosecuted for offences under Section 161, 1. P. Code and Section 5(l)(d), read with Section 5(2) of the Prevention of Co