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2015 Supreme(SC) 201

DIPAK MISRA, VIKRAMAJIT SEN
D. VELAYUTHAM – Appellant
Versus
STATE REP. BY INSPECTOR OF POLICE, SALEM TOWN, CHENNAI – Respondent


Judgement Key Points

Based on the provided legal document, the key facts are as follows:

The case involves allegations of corruption and bribery against two officers employed in a Central Excise department, with the appellant being D. Velayutham and the respondent the Inspector of Police, Salem Town. The two accused held the ranks of Superintendent and Inspector of Excise, respectively. The complainant, a manufacturer, received a show cause notice for excise duty, which was later recalled after an enquiry. Subsequently, a second show cause notice demanding a higher amount was issued, which the complainant believed was linked to a demand for a bribe.

The complainant reported to the police that the accused demanded a bribe of Rs. 1000 from each of them, to be paid on the same day. The police set up a trap, during which the complainant handed over currency notes to the accused, which were smeared with phenolphthalein to detect acceptance of bribe. The accused accepted the bribe, with the second accused handling the money and being subjected to a chemical test that confirmed contact with the notes.

The first accused was not present during the trap, as he had left the office for personal reasons, but his absence did not exonerate him. The evidence indicated that the second accused accepted the bribe on behalf of both officers, and there was a legal discussion on the possibility of constructive receipt of bribes in cases involving multiple demanders.

The courts examined the credibility of witnesses, including the trap witness and the complainant, and considered the legality of the second show cause notice issued by the first accused. The courts ultimately upheld the conviction of both accused, emphasizing that the evidence supported their involvement in the corrupt act, and dismissed the appeals, ordering the accused to serve their sentences.


Judgment

Vikramajit Sen, J.

1. These two Appeals before us assail the common Judgment dated 8.9.2010 of the Madras High Court which only partly allowed the Appeals before it, in favour of the Accused-Appellants. The Appellant in Criminal Appeal No. 787/2011 is the First Accused; Appellant in Criminal Appeal No. 788/2011 is the Second Accused. The High Court partly allowed both Appeals, setting aside the conviction of Accused 1 under Section 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988, whilst upholding Accused 2’s conviction thereunder; and affirming the conviction of both Accused 1 and Accused 2 but reducing their sentence under Section 120B, IPC, and Section 7 of the PC Act, to imprisonment of one year each.

2. Recapitulating the facts leading up to these Appeals, Accused 1 and Accused 2 were, at the time of the perpetrations, employed as officers with Central Excise IX ‘E’ Range. Accused 1 held the rank of Superintendent, and Accused 2, his subordinate, Inspector of Excise in the same office. The Complainant (PW2 before the Trial Court), a manufacturer of ‘camel back rubber slab’, received a show cause notice for payment of Excise duty amounting to Rs. 1,01,33


















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