Demand of bribe is an essential element of the offence under section 5(1)(d) of the Prevention of Corruption Act, and the prosecution must prove it as an independent fact. The prosecution is required to join independent and disinterested persons in the raiding party to ensure the credibility of the evidence and protect public servants against frivolous prosecutions. The sanction for prosecution granted by the Deputy Commissioner must mention the facts of the case and be given with application of mind.

Bhawani Singh, J.—This appeal has been preferred by the State of Himachal Pradesh against the order of acquittal passed by the learned Special Judge, Mandi Division, Mandi, in Corruption Case No. 1 of 1983, on September 25, 19&4, acquitting the accused for offences under section 161 of the Indian Penal Code read with section 5 (2) of the Prevention of Corruption Act

2. The case of the prosecution, in brief, is that Chint Ram, a resident of village Malthehar had applied for the grant of Nautor land in March, 1981. In accordance with the procedure and practice, the application went down to the accused who was the Patwari of Patwar Circle, Malthehar.

3. It is further alleged that Shri Chint Ram gave Rs 150 to the accused in order to get a favourable report under the impression that it was customary remuneration of the Patwari. Shri Chint Ram when failed to get a favourable report, contacted the accused again in 1982, the accused then demanded a sum of Rs. 100 as a gratification. Shri Chint Ram had no money and in order to pay the same, he approached one Ramu for the amount, who agreed to pay the same in the presence of Gobind Ram, Pradhan of the village.

4. In this way, on April 29, 1982, both Chint Ram and Ramu went to Gobind Ram and thereafter all of them went to Mandi to report the matter to the Anti-Corruption Unit. A report was registered and Shri Chint Ram produced currency notes of Rs 100 of Rs. 50, Rs. 20 and three notes of Rs. 10 denominations intended to be given to the accused as gratification. Documents in this regard were prepared and completed and thereafter Phenolphthalein powder was sprinkled over these notes and then handed over to Shri Chint Ram with a direction to pay the sum to the accused. A raiding party consisting of policemen, Chint Ram, Gobind Ram and Ramu, went to village Malthehar. On way, at Ner Chowk, two witnesses, namely, Narotam and Dharam Singh were also joined in the raiding party. Narotam Ram was to act as a shadow witness. As instructed, Chint Ram and Narotam went to the accused in his office at Malthehar and handed over the treated notes to the accused. A signal was given to the police as instructed, the Inspector Anti-Corruption Unit along with others came there but the accused was not found in the Patwarkhana.

5. It went to his quarter situate nearby and the currency notes were recovered from the person of the accused. His hands were washed with clean water and the water treated with Sodium Carbonate powder was collected in bottles. Other papers like Roznamcha, application papers of Shri Chint Ram were also taken possession of. After completing the formalities, a challan under section 161 of the Indian Penal Code and section 5 (I) (d) punishable under section 5 (I) (2) of the Prevention of Corruption Act was initiated against the accused. The trial ended in the acquittal of the accused. Hence this appeal

6. Before the respective contentions of the learned Counsel appearing for the parties are examined, it is necessary to know the object of the Prevention of Corruption Act, 1947 legislated by the Parliament. In this respect the observations of K. Subba Rao, J., as he then was, while speaking for the Court, reported in AIR 1963 SC 1116, M. Narayanan Nambiar v. State of Kerala, are as follows : “(9) The preamble indicates that the Act was passed as it was expedient to make more effective provisions for the prevention of bribery and corruption. The long title as well as the preamble indicate that the Act was passed to put down the said social evil i. e. bribery and corruption by public servant. Bribery is form of corruption The fact that in addition to the word "bribery" the word "corruption* is used shows that the legislation was intended to combat also other evil in addition to bribery. The existing law u e. penal code was found insufficient to eradicate or even to control the growing evil of bribery and corruption corroding the public service of our country. The provisions broadly include