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2012 Supreme(Del) 28

MUKTA GUPTA
Dev Raj Arora – Appellant
Versus
State (Thr. CBI) – Respondent


Advocates appeared:
For the Petitioner:R.M. Tewari, Advocate.
For the Respondent: Narender Mann, Spl. PP for CBI.

Judgment :

MUKTA GUPTA, J.

1. By this appeal, the Appellant lays a challenge to the judgment dated 3rd June, 1999 whereby the Appellant has been convicted for offences punishable under Section 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (in short the ‘P.C. Act’) and the order dated 3rd June, 1999 directing him to undergo Rigorous Imprisonment for a period of two years and to pay a fine of Rs.5000/-and in default of payment of fine to undergo further Rigorous Imprisonment for a period of six months on both counts.

2. Learned counsel for the Appellant contends that Inspector Ved Prakash was the trap officer as well as the investigating officer. He prepared the handwriting memo, rough site plan and personal search memo. He also recorded the statement of recovery witness and the Complainant Sanjay Kohli and Jagdish Chander. The independent witnesses of the transactions Ishwar Singh, AFO, DESU and S.C. Bhatia, Office Supdt., DESU were deliberately not examined. The Appellant moved an application dated 10th September, 1999 praying for closing of the prosecution evidence in terms of the judgment Raj Dev Sharma vs. State of Bihar JT(7) SC(1) and the lear










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