IMPORTANT POINT
When demand as well as acceptance by the public servant is established, he must be convicted.

JUDGMENT :

R. Banumathi, J.

Leave granted.

2. These appeals arise out of the judgment dated 16.04.2015 passed by the High Court of Gujarat in Criminal Appeal Nos. 477-78 of 2000 in and by which the High Court reversed the verdict of conviction passed by the trial court in Special (ACB) Case No.10 of 1992 and thereby acquitting the respondents under Section 7 and Section 13(1)(d) of the Prevention of Corruption Act, 1988 (‘the Act’).

3. Briefly stated case of the prosecution is that accused No.1/respondent No.2 – J.D. Patel was working as a Junior Clerk in Non-Agriculture Department and accused No.2/respondent No.1 – Navinbhai Chandrakant Joshi (Navinbhai) was also working in the same department. The complainant-Bhagwandas (PW-1) is a businessman dealing in the business of sugar as a wholesale retailer. The complainant/PW-1 was desirous of starting a new firm by name Purvi Monomal Pvt. Ltd. for manufacturing of acrylic monomal and for this purpose, he has purchased a plot at Village Chhatral from one Sandeep Agrawal and Manoj Agrawal. The agreement to sell was executed in December, 1990 and the sale deed was executed in March, 1991. Though the original owners of the plot had got the plot converted into non-agricultural plot for different purpose, PW-1 had to place the revised plan for necessary Non-Agricultural permission.

4. It is the case of PW-1 that accused No.1-J.D. Patel used to time and again assure PW-1 that he would see to it that the necessary permission is approved for the revised plan of PW-1. On 27.03.1991, PW-1 learnt through accused No.1-J.D. Patel that the revised plan of PW-1 was not accepted and his application was rejected. On the direction of Taluka Development Officer (TDO), PW-1 paid a fine of Rs.368.30 on 02.04.1991 in the office of Gram Panchayat, Chhatral and the receipt was produced before the TDO. At that time, PW-1 requested accused No.1-J.D. Patel with whom the file of PW-1 used to remain to ensure that the matter is expedited at the earliest and necessary permission is accorded. At that point of time, accused No.1- J.D. Patel had demanded Rs.1,000/- for expediting the matter and ultimately it was settled for Rs.500/-. Accused No.1-J.D. Patel told PW-1 that he should pay him Rs.500/- on 03.04.1991 before recess hours and after he receives the money, he would see to it that necessary order of permission is passed in favour of PW-1. PW-1 approached the ACB Office and lodged the complaint against the accused. After registration of the case and after following the procedural formalities, a trap was arranged. On 03.04.1991, PW-1 went with PW-3-Devendra Kumar to accused No.1-J.D. Patel. Accused No.1-J.D. Patel showed accused No.2-Navinbhai Joshi to PW-1 and asked PW-1 to give the money to accused No.2- Navinbhai Joshi in the gallery. PW-1 paid the money to accused No.2- Navinbhai Joshi who kept it in his left side shirt pocket and went near accused No.1-J.D. Patel and sat there. On showing the pre-arranged signal, the police party came inside and the currency notes were seized from accused No.2-Navinbhai. On throwing the ultra violet light on the shirt of accused No.2-Navinbhai Joshi, white colour of light blue light of anthracene powder could be seen on the left side pocket of the shirt worn by accused No.2-Navinbhai. Likewise, upon throwing of ultra violet light on the hands of accused No.1-J.D. Patel, white shining of light blue colour of anthracene powder could be seen on the four fingers of right hand of accused No.1. After completion of investigation, charge sheet was filed.

5. To prove the guilt of the accused, prosecution has examined six witnesses and produced documentary evidence. Upon consideration of oral and documentary evidence, the trial court held that the demand and acceptance of the illegal gratification was proved by the prosecution by the evidence of PWs 1 and 3 and also by the presence of anthracene powder in the shirt pocket of accused No.2-Navinbhai and the right hand of accused No.1-J.D.