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HIGH COURT OF ORISSA
JAGANNADHADAS,PANIGRAHI, JJ.
Biswabhusan Naik
Versus
State
Criminal Appeal No. 66 of 1950
Decided On : 19-02-1952
The appellant, a public servant, was convicted of criminal misconduct under the Prevention of Corruption Act, 1947. He appealed, arguing that the sanction for his prosecution was invalid and that the trial was illegal. The court held that the sanction was valid and that the trial was not illegal. The court also held that the evidence was sufficient to support the conviction.
Fact of the Case:
The appellant, a public servant, was convicted of criminal misconduct under the Prevention of Corruption Act, 1947. He appealed, arguing that the sanction for his prosecution was invalid and that the trial was illegal.
Finding of the Court:
The court held that the sanction was valid and that the trial was not illegal. The court also held that the evidence was sufficient to support the conviction.
Issues: 1. Whether the sanction for the appellant's prosecution was valid? 2. Whether the trial was illegal? 3. Whether the evidence was sufficient to support the conviction?
Ratio Decidendi: 1. The court held that the sanction was valid because it was granted by the appropriate authority and it related to the offence for which the appellant was convicted. 2. The court held that the trial was not illegal because the appellant was given a fair trial and the procedures were followed. 3. The court held that the evidence was sufficient to support the conviction because there was evidence of the appellant's guilt beyond a reasonable doubt.
Final Decision: The court dismissed the appeal and upheld the conviction.
Judgement
DAS, C. J. :- The appellant before us is the ex-Inspector of Factories under the Government of Orissa. He was taken into service on 14-9-47 and suspended therefrom on 15-10-48 as a result of allegations of official misconduct which form the subject-matter of the present prosecution and of another criminal prosecution in which he has been acquitted. As Inspector of Factories, he had to inspect the various factories and mills in the State of Orissa. For the said purpose, he toured in the District of Koraput from 18-8-48 to 27-8-48 and in Balasore District from 29-9-48 to 30-10-48.
The case against the accused is that in the course of the inspection of the mills in these two districts, he collected bribes from persons connected with some of these mills which he inspected by threatening them with closure of the mills and other penalties, for alleged defects in the working of these mills and by promising to condone those defects if bribes were given.
2. There was a Mill-owners association at Balasore of which, P. W. 12, one Sri Nandi was the Secretary. While the accused was on inspection-tour in the Balasore District, oral complaints of his alleged misconduct were carried to the District Magistrate, Balasore, on 2-10-48, by P. W. 12, and one Haradhan Khan, since deceased. The District Magistrate, thereupon, arranged for detection at the next anticipated bribe-taking by laying the usual trap, that is, getting three marked hundred-rupee-notes to be passed on as part of the bribe.
On 3-10-48, the accused was camping in the Dak-Bungalow at Basta in Balasore District. In the morning, he inspected a mill, called Mangala Mill of that place. It is alleged, that in connection with that inspection, he took a bribe of Rs. 450/-and that the three marked one hundred-rupee-notes formed a part of that bribe money according to the plan. On receiving information of this, the authorities proceeded to the Dak Bungalow, where the accused was resting, searched his person and his belongings on the spot and recovered a sum of Rs. 3148/-. He was arrested on the spot and subsequently released on bail on 4-10-48. Inquiry and investigation followed thereupon.
As a result, two prosecutions were launched against him, one for three specific offences of bribe-taking under S. 161 of the Indian Penal Code in connection with three mills in Balasore District and the other for the offences of criminal misconduct under S. 5(2) of the Prevention of Corruption Act, 11(2) of 1947, as disclosed by his bribe-taking in connection with the inspection of six other mills and by the recovery of Rs. 3,148/- from him on 3-10-48 at the search at Basta.
3. The various mills inspected by him in respect of which he is said to have taken bribes and which formed the subject of the two prosecutions may be enumerated as follows :
Out of these nine items of alleged bribe-taking, those with the Jagadhatri Rice Mill of Khantapada and Chandi Rice Mill of Haladipada and Mangala Rice Mill of Basta, which are 6, 8 and 9 in the above enumeration, were the subject matter of the separate prosecution for specific offences under S. 161, IPC. In that prosecution the accused was acquitted by the trial Magistrate in respect of two items and further acquitted on appeal by the Sessions Judge in respect of the third item relating to Mangala Rice Mill of Basta, which was the subject-matter of the trap-detection.
In respect of this acquittal by the Sessions Judge, the Government filed an appeal to this Court, numbered as Government Appeal No. 1/51. That appeal was also heard along with this appeal and we have come to conclusion in that appeal that there has been no power and valid sanction for the prosecution as required under Section 6 of Act II(2) of 1947. We have accordingly, confirmed that acquittal on that ground, without expressing any opinion one way or another, as to the merits of the facts alleged therein against the accused.
4. The present case is concerned with the alleged bribe-takings in re
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