Advocates:
RAVINDRA KESHAVRAO ADSURE

1

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 97 OF 2015

[Arising out of S.L.P.(Criminal) No. 6927/2013]

Sanjaysinh Ramrao Chavan

… Appellant (s)

Versus

Dattatray Gulabrao Phalke and others

… Respondent (s)

J U D G M E N T

KURIAN, J.:

Leave granted.

2.

Appellant is accused no.1 in C.R. No. 3446 of 2010 of Bund

Garden Police Station in the State of Maharashtra. The case is

registered by the Anti-Corruption Bureau under Sections 7, 12, 13(1)

(d) read with Section 13(2) of the Prevention of Corruption Act, 1988

(hereinafter referred to as ‘the PC Act’).

3.

Genesis is Annexure-P7-complaint dated 22.11.2010 given

by the first respondent. According to him, he had to pay an amount

of Rs.75,000/- by way of bribe for getting a certificate for

non-agricultural use of his land. To quote from the complaint:

REPORTABLE

Digitally signed by

Sukhbir Paul Kaur

Date: 2015.01.19

17:01:52 IST

Reason:

Signature Not Verified

2

“On 5th October 2009 an advertisement of “Bharat

Petroleum Corporation Ltd. Pune” appeared in daily

Lokmat and Loksatta newspapers. The advertisement was

for giving dealership of Petrol Pump. I had duly applied to

the company Bharat Petroleum Corporation Ltd. for the

same. As per the procedure my interview was arranged

on 30th March 2010. I was selected for this work. As per

the terms and conditions of Bharat Petroleum Corporation

Ltd. Pune it was binding on me to submit a “non

agricultural certificate” of my land at Pimpalsuti, Tal

Shirur, District Pune. To get the said certificate I applied to

the Maval Sub Divisional Officer and Magistrate Pune on

dated 9/9/2010. After the application I fulfilled all the

documents required as per their demand.

After this today on date 22/11/2010 at 11/20 a.m. I

went to the office of Maval Sub Divisional Officer and

Magistrate Pune for enquiring about the non agricultural

certificate which I had not received till then. That time I

met the clerk Shri Suhas Soma. He asked me to meet

clerk Shri Landge. When I personally met Shri Langde he

asked me to meet Shri Sanjaysingh Chavan Sub Divisional

Officer Maval. As per that I met Shri Sanjaysingh Chavan

Sub divisional Officer Maval personally in his office. At

that time he asked me the reason as to why I require the

non agricultural land certificate. I told him the reason of

petrol pump and also told him the area of land. After that

he asked me to meet the clerk Suhas Soma. After I went

out of his office, he called his clerk Suhas Soma in his

cabin. After Shri Soma came out of the cabin he asked me

“At what extent you are ready to pay?”. At that time I

asked him “What will be the amount of challan?”. That

time he said that “Challan amount is meager, an

additional amount of Rs. 1,00,000/- will have to be paid as

practice. If your matter was for house then I would have

requested the boss for less amount. But as you are going

to do business you should not have any objection to pay

Rs.1,00,000/-. At that time I requested the Office

Superintendent Mr. Soma that “this amount is huge, some

concession be given to me”. On that a compromise was

made between me and him and he demanded an amount

of Rs.75,000/- as a bribe.”

3

4.

On the basis of the above complaint, the vigilance arranged

a trap. The First Information Report narrates the events as follows:

“As the complaint filed by the complainant Mr. Dattatraya

Phalke is of a crime which comes under Anti Corruption

Act and as we are authorized to take cognizance of such

crime on the basis of complaint filed by Mr. Phalke by

deciding to arrange for a trap for arresting Mr. Chavan,

Sub-Divisional Officer and Sub-Divisional Magistrate, Sub

Division Maval, Pune and Mr. Soma, Office Superintendent

(Shirastedar), Sub Divisional Office, Maval Pune while

taking bribe from complainant Mr. Phalke and for that

purpose by giving a written letter to the Hon’ble Medical

Superintendent,