JUDGMENT :

Sadhana S. Jadhav, J.

The appellants herein impugns the Judgment and Order dated 29th April, 1997 passed by Special Judge, Greater Bombay in Special Case No. 75 of 1990 thereby convicting the appellant for the offence punishable under section 7 of the Prevention of Corruption Act, 1988 and he is sentenced to suffer R.I. for 6 months and to pay fine of Rs. 1000/- I.d. to suffer further R.I. for two months. The appellant is also convicted for offence punishable under section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act, 1988 and sentenced to suffer R.I. for one year and to pay fine of Rs. 2,000/- I.d. to suffer R.I. for 3 months.

2. Such of the facts necessary for the decision of this appeal are as follows :

(i) The appellant herein was working as Bill Collector in the office of Tahasildar Encroachment. One Mr. Hariprasad Sharma who was resident of Krishna Society had applied for "No Objection Certificate" in order to acquire electric connection at his premises at Room No. 7, Panchashil Chawl. He was into the business of fabrication and required a commercial meter for electricity.

(ii) It is admitted position that he was seeking connection of an electric meter in an unauthorised construction and therefore, he had to approach the office of Collector for seeking "No Objection Certificate". One of the duties assigned to the appellant was to carry out survey of the said unauthorised construction which fell within his jurisdiction and make a report to the superior who would be issuing "No Objection Certificate".

(iii) On 19th March, 1990 when the complainant approached the appellant/accused, there was a demand of Rs. 1200/- for giving favourable "No Objection Certificate", even without conducting survey, because the certificate would be issued only on the basis of the report of the appellant. The complainant had succeeded in negotiating with the amount and it was settled at Rs. 500/-, which was to be paid on 9th April, 1990.

(iv) The complainant was not willing to pay the said amount towards gratification and hence, he had approached the office of Anti Corruption Bureau and narrated the facts. His statement was recorded on 6th April, 1990. Since there was an allegation of demand of illegal gratification, Crime No. 10 of 1990 was registered by police inspector Mr. Bhavsar.

(v) The police inspector then summoned two independent persons from rationing office to act as panchas. They were called on 9th April, 1990. The complainant had produced 4 notes of Rs. 100/- denominations and 2 notes of Rs. 50/- denominations. The pre-trap panchanama was conducted and after giving due instructions, raiding party had been to the office of the appellant.

(vi) The complainant as directed by the police had entered into the office alongwith panch Mr. Ramchandra Randive (P.W.2). The complainant had then enquired with the accused/appellant as to whether the "No Objection Certificate" is ready. He had received the answer in affirmative. The complainant had informed the accused that he had brought the money as was directed, accused/appellant demanded money and then the complainant handed over the tainted currency notes of Rs. 500/- to the accused. The accused/appellant had accepted it, placed it in his identity card and then, the said identity card was placed in the left side shirt pocket.

(vii) After the amount was accepted, the complainant (P.W.1) Mr. Sharma had given pre-determined signal. The members of the raiding party had then entered in the office. The constable had caught hold of the accused. However, upon seeing the members of the raiding party, the accused/appellant had crumpled the notes and tried to swallow the same. However, he could not succeed since the raiding party was present.

(viii) After finding the traces of anthracene powder under the ultra violet lamp, the statements of the witnesses were recorded and the accused was taken into custody. The Collector of Mumbai Mr. Suresh Salvi had accorded sanction for prosecut