The court affirmed that individuals executing public duties for public entities can be classified as public servants under the Prevention of Corruption Act, broadening the scope of accountability and enforcement against corruption.

JUDGMENT :

1. The instant petition has been filed under the provisions of Section 482 CrPC, seeking quashment of FIR No.16/2023 (for short ‘the impugned order’) dated 18.08.2023, registered with Police Station Anti Corruption Bureau Srinagar under Section 7 and 7A of the Prevention of Corruption Act 1988 (for short ‘the Act’), and accordingly, petitioners are invoking the jurisdiction vested in this Court under Section 482 CrPC primarily on the ground that the impugned FIR has been registered by the respondents without having jurisdiction and therefore it amounts to an abuse of the process of law.

FACTS OF THE CASE:

2. Briefly stated facts of the instant case are that the petitioner No.1 is the sole proprietor of the proprietorship concern under the name and style “Sheikh Suppliers and Contractors” located at Chandpora Budgam, which Firm is registered with the Jammu and Kashmir Works Department. As such, the said petitioner No.1 is a private individual and is not a ‘public servant’ as provided under Section 2 (c) of the Prevention of Corruption Act 1988. So far as petitioner No.2 is concerned, he is the employee of petitioner No.1 and works as Office Boy in the said Firm, as such, petitioner No.2 also does not fall within the definition of ‘public servant’ as prescribed under Section 2 (c) of the Act mentioned supra.

3. Petitioner No.1, in order to run and operate his business, constructed a Godown over his proprietary land situated at Chandpora Budgam in the year 2012, and as per the petitioner the said Godown was taken over by Food Corporation of India in the year 2013 pursuant to an agreement (lease) entered into by and between the petitioner no.1 and the Food Corporation of India. This agreement of the petitioner No.1 with Food Corporation of India, as according to the petitioner, was in his capacity as a private individual. Consequently, in terms of the said agreement, petitioner No.1 became lessor of the Godown(supra) and the Corporation became the lessee, and accordingly, the Godown became operational.

4. That, on 18.08.2023, the officials of the respondent- Corporation entered into the premises (Godown), mentioned supra on the basis of some complaint made by one person namely Altaf Hamza Mir, who approached the Police Station ACB, Srinagar with a written complaint, wherein, he had stated that he is a driver by profession and on the directions of the owner of the vehicle he reached FCI Godown Chandpora Budgam with a load of rice of FCI from Gurdaspur Punjab, and, accordingly, the vehicle reached the FCI Godown at Chandpora Budgam and the available FCI staff was requested to get the vehicle unloaded, who however, avoided on one or the other pretext. Lastly, he was told to meet the owner of the Godown Abdul Majeed Sheikh and weigher Tajamul Hassan Shah to pay them the bribe of Rs.3500/- for getting the FCI food-grains unloaded from the vehicle.

5. Based on the above mentioned complaint, FIR No. 16/2023 under Section 7 and 7A of Prevention of Corruption Act 1988 came to be registered with Police Station ACB Srinagar. From the perusal of said FIR, it transpires that there were allegations against the petitioner No.1 for demanding bribe and consequently trap proceedings were initiated, and accordingly, the tainted money was recovered on the basis of trap proceedings.

6. Pursuant to the aforementioned proceedings, the petitioners came to be arrested on 18.08.2023, and upon their arrest, the petitioners applied for regular bail before the court of Special Judge Anti Corruption Kashmir Srinagar, and, ac