CRM No. M-37249 of 2010 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CRM No. M-37249 of 2010 (O&M) Date of Decision : .02.2011 Resham Singh .......... petitioner Versus State of Punjab & others ...... Respondents CORAM : HON'BLE Ms. JUSTICE RITU BAHRI Present : Mr. Jagmohan Bansal, Advocate for the petitioner. **** RITU BAHRI, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. for quashing FIR No. 13 dated 24.5.2008 under Sections 7,13(3) of the Prevention of Corruption Act registered at Police Vigilance Bureau, Ludhniana, and challan / final report dated 30.12.2008 (Annexure P-2) and all subsequent proceedings arising out of the same. One FIR has been got registered by Sandeep Kumar- complainant / respondent No.3, who runs a firm in the name of Jai Ambe Impex at Dhandari Kalan, Ludhiana and engaged in the business of providing custom clearance and customs out of charge certificate from Custom and Central Excise Department, Ludhiana to the importers of iron scrap of Mandi Gobindgarh. The contents of the FIR reads as under :- CRM No. M-37249 of 2010 -2- “Statement of Sh. Sandeep Kumar son of Sh. Mohinder Nath resident of H. No. 94 ward No. 6, Masand Mohalla, Samrala Dist. Ludhiana aged about 34 years. It i stated that I am a resident of above said address and carried firm in the name of Jai Ambey Impex from room number 35-36, Punjab State Corporation Godown, Dhandari Kahalan, Ludhiana. Through this firm he provided the custom clearance from the custom and central excise department, Ludhiana to the parties of Mandi Gobindgarh, who imported the iron scrap from abroad. He charged the commission from the parties. As per verbal agreement, he had to arrange the custom out charge certificate after clearance within three days. If he fails to do above job within time than his firm bear all the expenses. On 1.5.2008 two iron scrap containers arrived at Ludhiana from abroad in the name of his party M/S N.G. Impex, Mandi Gobindgarh. On 13.5.2008 this scrap was examined by the officers of custom department. After this examination required clearance and custom out of charge certificate was to be issued by Bihari Lal Jad, Supdt and Resham Singh Inspector. In this regard, on 22.5.2008 he met to Bihari Lal Jad Supt and Resham Singh Inspector at their office with Jaspreet Singh s/o Balwinder Singh r/o house No. 465, Mohalla Ishar Singh, Backside GNE College, Ludhiana. Both the officials used to sit in one room side by side. When he made request to both officers to provide custom CRM No. M-37249 of 2010 -3- out of charge after clearance on the file of his party than both Bihari Lal Jad Supt. and Resham Singh Inspector demanded Rs. 50000/- as bribe for providing customs out of charge on his clearance file. He requested to both the officials that his business is already down and he is unable to pay such a huge amount, moreover he is paying Rs. 2000/- as rent per day for both the containers which is extra burden on him and requested for concession. On this both the officials agreed to accept Rs. 30,000/- as bribe for issuing the report. He ma de an excuse that he is not having enough money to pay. On this both the officials told him to arrange the money and directed him to come on 24.5.2008 with Rs. 30000/- as bribe. Complainant was not willing to bribe for his work to be done. On 24.5.2008 complainant Sandeep Kumar along with Jaspreet Singh above appeared before the office of DSP, Vigilance Bureau and presented currency notes valuing Rs. 30,000/-. Legal action be taken against them. Sd/- Sandeep Singh Complainant 24.5.2008. attested Gurcharan Singh Dy. Supdt. Of Police Vigilance Bureau, unit Ludhiana. Police Action. Today DSP is present in his office at Vigilance Bureau, Ludhiana. Complainant Sandeep Kumar along with Jaspreet Singh were appeared in the office and got recorded his statement. After recording the statement same was read over to him. He made his signatures in English after confirming the same as correct. Same was attested by me. Then CRM No. M-37249 of 2010 -4- complainant Sandeep Kumar presented Rs. 30,000/- containing 10 notes of 1000/- each having following serial numbers. 1. xx xx xx xx ................................................. ................................................. ................................................. 20 xx xx xx xx Total sum of Rs. 30,000/- were taken in to police possession and requested to take action. After coating the above currency notes with phenolphthalein powder and ensuring that the complainant has no having any other currency note with himself, again handed over to him. Directions were given that when any one out of the accused persons demands bribe from him then he gave these powder coated currency notes to him and hands did not shake hands. Sh. Gurdial Singh SDO, Punjab State Electricity Board and Ashok Kumar JE, Punjab State Electricity Board were associated in a raiding party as official witness. Solution of sodium carbonate was prepared in a fresh glass of water. Colour of water did not change and remains white. Fingers of both hands of complainant Sandeep Kumar were stired into solution. Color of solution turned in to pink. After showing to witness the solution was thrown out into the office. Memos of above whole proceeding and handing over of currency notes were prepared and signatures of witnesses were taken and Jaspreet Singh who was accompanied with the complainant Sandeep Kumar was CRM No. M-37249 of 2010 -5- appointed as shadow witness with the directions to go to the office of Custom department along with complainant Sandeep Kumar to hear and see the conversation of complainant Sandeep Kumar and both accused persons. When any of two accused persons made demand and accept the bribe money from the complainant Sandeep Kumar, he should come out from the office and gave signal to the raiding party by putting his hands on his head. From the statement of complainant offence under section 7, 13(2)88 P.C. Act is made out against Bihari Lal Jad, Supdt. and Resham Singh Inspector, Custom and Central Excise Department. Case was registered at police station vigilance after sending ruka through constable Mohinder Singh number3/385. Number3 if FIR was informed after the registration of case. Special report be issued to concerned officials. However, DSP along with Banarsi Dass, DSP, SI Sukhdev Singh, Ashpal Singh, C-2 Amandeep Singh, complainant, shadow witness and both official witnesses left for the spot for further proceedings. Sd/- Gurcharan singh Dy. Supdt. Of Police, VB unit Ludhiana. 24.5.2008.S Mr. Jagmohan Bansal, learned counsel for the petitioner has argued that the petitioner was not the Inspector In-charge when the goods were inspected on 8.5.2008. It was inspected by Sh. Karnail Singh. Learned counsel for the petitioner relied upon the judgment of the Hon'ble Supreme Court in the case of State of CRM No. M-37249 of 2010 -6- Haryana and others vs. Ch. Bhajan Lal and others AIR 1992(1) SC 604. However, after going through the contents of the FIR a prima facie case is made out against the petitioner as complainant had gone to the office of Custom Department along with Gurdial Singh SDO, Punjab State Electricity Board and Ashok Kumar JE, Punjab State Electricity Board in a raiding party as official witnesses. The facts of the case are not covered under the guidelines issued by the Hon'ble Supreme Court in the State of Haryana and others vs. Ch. Bhajan Lal and others (supra). The Criminal Miscellaneous is dismissed. .02.2011 (RITU BAHRI) 'sp' JUDGE