1. This appeal is directed against the order of conviction propounded by Special Judge, Anti-Corruption, on 26-11-1992, whereby he has sentenced Sagra Singh, Tara Chand and Rishi Kumar to undergo two years rigorous imprisonment and a fine of Rs. 1,000/- each, in proof of offence under section 5(2) of the Prevention of Corruption Act, 2006 (BK) and in default of making payment of fine, to further suffer six months imprisonment each.

2. The facts relevant for the disposal of this appeal, gatherable from the record, may, in resume, be noticed. All the four accused, namely, Sagra Singh, Tara Chand, Rishi Kumar and Mani Ram, posted in Nowabad Police Station, Jammu, were detailed on patrol duty in the night intervening 5/6 November, 1985, in the area. During the course of patrolling, when they reached near Vinayak Chowk near "U-Like Dhaba", they found Subash Chander and Gul Mohd. in altercation with the owner of the Dhaba, who had demanded Rs. 30/- for meals they had taken at his Dhaba. Both Subash Chander and Gul Mohd. were arrested by the Patrol Party and conducted their personal search. The accused seized Rs. 13,850/- from personal search of Gul Mohd. and Rs. 10,479.40 from Subash Chander. In the seizure memos, prepared by the accused, they reflected amount of Rs. 2,850/- and Rs. 9,300/- respectively and thereby misappropriated Rs. 12,179.40. Subash Chander and Gul Mohd. were under the spell of liquor at the time they were quarrelling with the owner of the "U-Like Dhaba" over the excess billing for the meals they had taken in his hotel. Both Subash Chander and Gul Mohd. were taken to the hospital and got medically examined. On a protest, made in this behalf by Subash Chander and Gul Mohd., that the amount seized from their personal search has not been correctly reflected in their respective seizure memos, a preliminary enquiry was conducted by SHO Amarjeet Singh Bedi and the balance amount along with two wrist watches was recovered from the possession of the accused and thereafter handed over to Subash Chander and Gul Mohd. on superdnama. On a complaint made to this effect, led to the registration of a case by Vigilance Organisation against all the four accused and investigation proceeded. On the conclusion of investigation and after obtaining requisite sanction for launching prosecution against the accused, challan came to be presented in the Court of Anti-Corruption. The accused were charge sheeted by the Trial Court on 13-12-1988 under section 5(2) of the Prevention of Corruption Act. The accused pleaded not guilty to the charge when read over and explained to them. The Trial Court, after recording evidence produced by the prosecution in sustenance of the charge and after hearing the learned counsel for the parties, held the accused, Sagra Singh, Tara Chand and Rishi Kumar, guilty for offence under section 5(2) of the Prevention of Corruption Act, 2006 (BK), and convicted and sentenced them under section 5(2), P.C. Act, vide its judgment impugned in the appeal.

3. It is pertinent to point out that accused, Mani Ram, died during the currency of the trial and challan against him stood abated.

4. I have heard Mr. K.S. Johal, learned counsel appearing for the appellants, as well as Mr. B.S. Salathia, learned Sr. AAG, in extenso. The rival contentions of the parties have also been considered in context with the evidence assembled on record.

5. Mr. K.S. Johal, learned counsel appearing for the appellant, at the threshold, submitted that there is not an iota of evidence against the accused for the commission of crime. The witnesses examined by the prosecution have neither supported the seizure memos with regard to the amount seized from the personal search of Subash Chander and Gul Mohd., reflecting less amount than what was actually seized by the accused nor the recovery memos pertaining to the amount alleged to have been recovered attributing to the balance amount and stated to have been misappropriated by the accused, recovered from t

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