IMPORTANT POINT
The court held that mere possession of cash does not constitute bribery without evidence of demand or acceptance, leading to the quashing of the FIR.

ORDER :

K.Babu, J.

The petitioner, the accused in Crime No.2/2022 of Vigilance and Anti-Corruption Bureau, Northern Range, Kozhikode, who faces allegations under Section 7(a) of the Prevention of Corruption (Amendment) Act, 1918, (for short ‘the Act') seeks to quash the FIR and all further proceedings.

2. The facts leading to the registration of the case are as follows:-

The petitioner was working as an Additional Principal Chief Conservator of Forest (Social Forestry), Forest Headquarters, Thiruvananthapuram. On 12.04.2021, the petitioner was travelling by his official vehicle bearing registration No.KL-01-BZ-7063 from Kannur to Thiruvananthapuram, after inspecting various nurseries in Kannur District. The Superintendent of Police, VACB, Kozhikode, received secret information that the petitioner had possessed money collected as a bribe from various contractors. The officials of the VACB intercepted the car on the National Highway near KSEB Office, Muttungal, Vatakara. They searched the vehicle and found a bag containing four envelopes. They seized Rs.85,000/- from the four envelopes. The petitioner could not satisfactorily explain the source of the money that he possessed. The officials of the VACB seized the money. They conducted a preliminary enquiry and thereafter registered the above crime. The VACB is proceeding with the investigation.

3. The crux of the prosecution allegation is that the petitioner, abusing his official position, dishonestly accepted undue advantage from various contractors, who were engaged in the maintenance of the nurseries in Kannur District, for clearing the bills submitted by them with the intention of performing his public duty improperly.

4. Heard the learned Senior Counsel Smt.Sumathy Dandapani appearing for the petitioner and Sri.A.Rajesh, the learned Special Government Pleader (Vigilance).

5. The learned Senior Counsel submitted that there is no evidence to show that the petitioner accepted money as alleged by the prosecution. It is submitted that the witnesses examined by the Investigating Officer did not support the prosecution allegations. There is nothing to show that the petitioner voluntarily accepted money, knowing it to be a bribe, the learned Senior Counsel submitted. The learned Senior Counsel further submitted that proof of demand for illegal gratification is essential for attracting the offence under Section 7(a) of the Act, and a mere possession or recovery of currency notes is not sufficient to constitute such an offence. The learned Special Government Pleader submitted that the proof of voluntary acceptance of money is sufficient to constitute the offence under Section 7(a). The learned Special Government Pleader also submitted that the investigation is almost in the final stage. The learned Special Government Pleader fairly conceded that the crucial witnesses examined by the prosecution did not support the prosecution case that the contractors handed over money, and the petitioner accepted the same. The learned Special Government Pleader further submitted that the envelopes from where the currency notes were recovered have been sent for analysis at the forensic science laboratory to identify the handwriting on them.

6. The seizure was effected on 12.04.2021 by the Superintendent of Police, VACB, Kozhikode at Vatakara at 17.05 hours. The VACB detected four brown colour covers containing cash from the bag, which was placed on the seat near the petitioner who was travelling by his official car. In one of the envelops the detecting officer noticed the writings "KASARGOD" in black ink and "Social Forestry Division Kasargod" in blue ink on the outer side, and on the inner side of the flap of the cover "James A K contractor, 20000/-, Kasargod Division". The detecting officer found cash worth Rs.35,000/- in the cover. In another cover, the detecting officer found the writings "Thalassery Range" on the outer side of the cover and found cash worth Rs.25000/-. In the third cover, the detectin