Point of Law :
excise arrears of the appellant/accused officer by way of cash from P.W.1 is not permissible and therefore, the defence theory of receipt of the said cash towards tax arrears cannot be believed

JUDGMENT :

Feeling aggrieved by the judgment dt.17-10-2006 in C.C.No.17 of 1996 passed by the Special Judge for SPE & ACB Cases, City Civil Court, Hyderabad, the appellant/accused officer filed the present Criminal Appeal.

2. Vide aforesaid judgment, the Trial Court convicted the appellant/accused officer for the offences under Sections 7 and 13 (1) (d) read with Section 13 (2) of Prevention of Corruption Act, 1988 (for brevity ‘the Act, 1988’). The trial Court directed that the appellant/accused officer is sentenced to undergo Rigorous Imprisonment for a period of one year for the charge under Section 7 of the Act, 1988 and to pay fine of Rs.1000/-, in default, to undergo Simple Imprisonment for one month. The trial Court further sentenced the appellant/accused officer to undergo Rigorous Imprisonment for a period of one year for the charge under Section 13 (1) (d) of the Act punishable under Section 13 (2) of the Act, 1988 and to pay a fine of Rs.1000/-, in default, to undergo Simple Imprisonment for one month. It is further directed by the Trial Court in the impugned judgment that both the substantive sentences of imprisonment of accused officer shall run concurrently and in default sentences shall run separately. The undergone period of the appellant/accused officer as U.T.P. if any, shall be set off.

3. The factual matrix of the present case is as follows:

The appellant/accused officer was Prohibition and Excise Sub-Inspector Thorrur, Warangal District at the relevant point of time.

P.W.1 – Daravath Komrelli, resident of Jammikunta Thanda, H/o.Yellampet, Marripeda Mandal in Warangal District.

P.W.1 is the owner of Ac.2.00 gts of land which is in the name of his father. They have an agricultural well and an electric motor fitted therein. On Monday morning at about 10 a.m., the appellant/accused officer along with Constable came in a Jeep to the said land, informed P.W.1 that he is growing ganja. The appellant/accused officer along with his staff also has taken the stator of the said electric motor belongs to Angothu Pantholu of the very same village and kept in the Jeep.

P.W.1 further alleged that he has requested the appellant/accused officer to release the said starter for which the appellant/accused officer requested P.W.1 to come on Tuesday morning at about 9 a.m.. Accordingly, he went to the house of appellant/accused officer with a request to release the starter, for which the appellant/accused officer informed P.W.1 that P.W.1 is growing ganja, therefore, for not registering a case against P.W.1, and to release the starter, P.W.1 has to pay an amount of Rs.3,000/- towards bribe. P.W.1 informed the appellant/accused officer that he is not in a position to pay the said huge amount of Rs.3,000/- and requested the appellant/accused officer to release the starter. Then the appellant/accused officer threatened P.W.1 stating that in the event of non-acceding to the demand of Rs.3,000/- as illegal gratification, he is going to register a case against P.W.1 and send him to remand. Since there is no other alternative, P.W.1 informed appellant/accused officer that he will come after two days by arranging the money, for which, the appellant/accused officer informed P.W.1 to come on Thursday to his house along with said amount of Rs.3,000/-.

P.W.1 further alleged that Angothu Panthulu also informed him about demand of illegal gratification by the appellant/accused officer for release of his starter. It is also further alleged by P.W.1 that even ten days prior, the appellant/accused officer demanded bribe from the persons belongs to Somla Tanda village under the very same threat and allegation of illegal cultivation of ganja. Since P.W.1 was not interested to pay the said amount of Rs.3,000/- towards bribe, approached A.C.B. officials by way of lodging Ex.P-1, complaint dt.22-03-1995 and on receipt of the same, P.W.26, D.S.P., A.C.B., registered a case by way of issuing Ex.P-63, FIR.

Thereafter, P.W.26 laid trap by following the procedure