In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-12481 of 2010 ..... Date of decision:14.5.2010 Sushil Kumar Gaur .....Petitioner v. State of Haryana .....Respondent .... Present: Mr. Suvineet Sharma, Advocate for the petitioner. Mr. Vikas Malik, Assistant Advocate General, Haryana for the respondent-State. ..... S.S. Saron, J. Heard learned counsel for the parties. The petitioner seeks regular bail in a case registered against him for the offences under Sections 7, 8 and 13 of the Prevention of Corruption Act, 1988. The FIR in the case has been registered on the statement of Rajesh Kumar. It is alleged by the complainant that he was allotted a foreign liquor vend near Anangpur Dairy. The petitioner, who was the Area Excise Inspector was harassing him over the issue of permits for L-2 shop. He demanded Rs.10,000/- per month as illegal gratification which the complainant did not want to pay. The complainant had taken time till 17.3.2010 to make the payment of Rs.10,000/-. He came to the SP, Vigilance for taking necessary action. On the basis of the statement of the complainant, FIR was registered and a raiding party was constituted which Cr. Misc. No.M-12481 of 2010 2 along with the complainant went to the Office of Deputy Commissioner, Faridabad and permission was sought for conducting a raid. Shri Sampuran Singh, Naib Tehsildar, Ballabgarh was nominated as the Duty Magistrate. The raiding party along with Shri Sampuran Singh, Naib Tehsildar went to the office of the petitioner. The currency notes of Rs.10,000/- which were to be delivered were initialled by the Naib Tehsildar and also by the Investigating Officer. These were treated with Phenolphthalein powder. The formalities of search were carried out and the petitioner was contacted on his Mobile. The conversation was recorded on a compact disc. The shadow witness and the complainant got down from the vehicle which went slightly away but within the sight of the Investigating Officer and the Duty Magistrate. After some time, the shadow witness gave the signal which had been agreed upon and the raiding party reached the spot and went to the person present in the Tavera and the petitioner was apprehended. The tainted currency notes when asked for, it was stated by the petitioner that he had asked his driver Jagat Singh to take the money. The raiding party asked Jagat Singh to produce Rs.10,000/-, he took out the same from under the right side of the seat of his vehicle. The notes were those which had been initialled by the Duty Magistrate and the Investigating Officer. The hands of the petitioner were got washed in a prepared solution and the solution turned pink. According to the learned counsel for the petitioner, the petitioner has been entrapped by an unscrupulous business/liquor contractor who has targeted the Government officials to wreck vengeance. It is submitted that the complainant Rajesh Sethi was allotted a foreign liquor Cr. Misc. No.M-12481 of 2010 3 vend under Excise Licence L-2 for the financial year 2009-10 to be situated at Dabri Anangpur. The licensee, however, started operations at a different place i.e. Shooting Range Road, which in earlier years fetched a very high price and the said site was not allotted to any vend in the said financial year. On coming to know of the illegal operation of the liquor vend by the owner/complainant, the Excise Department had conducted a raid and stopped the functioning of the illegally operated vend. It is with a view to forestall the action of the department that the raid was manipulated. It is submitted that the complainant had also instituted a civil suit on 31.8.2009 (Annexure-P.1) for grant of injunction for restraining the Excise Department from interfering in the running of his liquor vend within the revenue limits of Village Dabri Anangpur. Temporary injunction was also sought in the said suit. The vend of the petitioner at the Shooting Range Road was unauthorized which was finally sealed by the Department on 23.10.2009. The higher officials, however, ordered the seal to be opened which was opened on 27.10.2009. In view of the various litigations pending between the complaints and the department it is submitted that the raid has been stage managed. In response, learned counsel for the State has submitted that the petitioner was apprehended red handed and the tainted money was recovered from him. Therefore, he is not entitled for the concession of bail. After giving my thoughtful consideration to the matter, it may be noticed that the case is to be established by the prosecution after evidence is led. The petitioner has a version to the allegations made by the complainant. The same is not liable to be considered and gone into at this Cr. Misc. No.M-12481 of 2010 4 stage. The trial in the case is likely to take time. The petitioner is a Government official and it is unlikely that he would abscond. Besides, there is litigation between the Department and the complainant. The witnesses in the case except for the complainant and the shadow witness are official witnesses. Therefore, the petitioner is not likely to influence them or tamper with the prosecution evidence. The investigation in the case is complete and the custody of the petitioner is not required for the purposes of investigation. In the facts and circumstances, the petitioner on his furnishing personal bond and surety to the satisfaction of the learned Special Judge (Additional Sessions Judge), Faridabad shall be admitted to bail. The criminal miscellaneous petition stands disposed of. May 14, 2010. (S.S. Saron) Judge *hsp*