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IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 13.01.2014

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Date of Decision: 20.01.2014

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CRL. A. No.236 of 2010

GIRI RAJ SINGH MEENA

..... Appellant

Through:

Mr. Rashid Hashmi, Adv.

versus

STATE (NCT OF DELHI)

..... Respondent

Through:

Mr. Feroz Khan Ghazi, APP.

CORAM:

HON'BLE MR. JUSTICE V.K.JAIN

JUDGEMENT

V.K.JAIN, J.

On 16.6.2000, the complainant Jagdish Tokas, came to the office

of the Anti Corruption Branch of Delhi Police (for short „ACB‟) and

made a complainant, alleging therein that on 11.2.2000, he had a quarrel

with Mr. Jayant Jain and his family members, at the time he was taking

his car out of the parking and he had lodged FIR No.46/2000 against

them. He further stated that after 2-3 days he came to know that a cross

case has been registered against him vide FIR No.47/2000 at Police

Station Vasant Vihar. He thereupon made a complaint to the Vigilance

Cell of Delhi Police against the SHO, Police Station, Vasant Vihar as

well as the Investigating Officer and had obtained anticipatory bail. He

had also got the investigation of the case transferred to the District

Crime Cell, Mayapuri where it was assigned to the appellant, Inspector

Giri Raj Meena, for investigation. He also alleged that the appellant

2014:DHC:305

started demanding liquor as well as bribe from him and on 15.6.2000 he

demanded Rs.50,000/- from him. He also threatened to register a case

under Section 325 IPC against him in case the aforesaid bribe money

was not paid. The complainant alleged that when he asked the appellant

to reduce the bribe money, he agreed to accept Rs.15,000/- for not

registering an FIR against him and had called him at Super Market,

DDA Flats, Munirka at 8:00 p.m. near a van selling chowmein with

Rs.10,000/- and to pay the balance of Rs.5,000/- at a later date.

2. After recording the statement of the complainant in the presence

of the panch witness Mr. V. Mukanda Rao, LDC in the Education

Department of the Government of NCT of Delhi, serial numbers of

currency notes, being fourteen (14) currency notes of Rs.500/- and thirty

(30) currency notes of Rs.100/-, were noted down in a memo,

phenolphthalein powder was applied to those currency notes and a

demonstration was given to the complainant as well as the panch

witness by making them touch the currency notes treated with

phenolphthalein powder and then dipping their hands in sodium

carbonate solution which on such dipping turned pink. The panch

witness was instructed to accompany the complainant, hear the

conversation between him and the appellant and give a pre-decided

signal after the bribe was paid.

3. The police party as well as the complainant and the panch witness

reached the Super Market, DDA Flats, Munirka at about 8:05 p.m. on

the same date. At about 8:40 p.m., the panch witness gave the pre-

decided signal whereupon the raiding party reached the van selling

chowmein and the panch witness took out the currency notes which

were earlier treated in phenolphthalein powder in the office of the ACB,

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from the right side pocket of the pant which the appellant was wearing

at that time. The hands of the appellant were washed in the sodium

carbonate solution which then turned pink and was duly seized. After

putting the same in two bottles, the pant which the appellant was

wearing was got removed and wash of the right side pocket of the said

pant was taken. On such wash the colour turned into pink and the said

wash was also seized after putting the same into two clean bottles.

The appellant was charged under Sections 7 & 13(1)(d) read with

Section 13(2) of the Prevention of Corruption Act, 1988. Since he

pleaded not guilty to the charge as many as eight (8) witness including

the complainant and panch witness were examined by the prosecution.

No witness, however, was examined in defence.

4. The complainant, Shri Jagdish Tokas, c