Crl. Misc. No. M-37388 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : Crl. Misc. No. M-37388 of 2011 Date of Decision : December 21, 2011 Satbir Singh .... Petitioner Vs. State of Haryana .... Respondent CORAM : HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Mr. Sanjay Mittal, Advocate for the petitioner. Mr. Tarun Aggarwal, Senior DAG, Haryana. * * * L. N. MITTAL, J. (Oral) : Accused Satbir Singh has filed this petition for anticipatory bail in case FIR No.21 dated 10.08.2010, under Sections 7 and 8 of the Prevention of Corruption Act, registered at Police Station Vigilance Bureau (H), District Gurgaon. I have heard learned counsel for the parties and perused the case file. The petitioner, at the relevant time in August 2010, was posted as Sub Divisional Magistrate, Mahendergarh. He had the power to challan Crl. Misc. No. M-37388 of 2011 2 overloaded vehicles. Complainant Pardeep and his friend Anil are owners of dumpers, wherein they transport stones. It is alleged that petitioner's co- accused Dharamvir (Reader to Sub Divisional Magistrate, as per FIR, but in fact, Motor Registration Clerk in the office of Sub Divisional Magistrate) used to collect money from drivers of overloaded vehicles and if money was not paid, used to challan the vehicles. On 08.08.2010, vehicles of complainant and Anil were challaned by Dharamvir, while the petitioner Sub Divisional Magistrate was not there. When the complainant questioned Dharamvir about it, he told that he had been given blank signed challan- book by Sub Divisional Magistrate and accordingly, Dharamvir issued the challans on behalf of Sub Divisional Magistrate. Dharamvir demanded Rs.3,500/- each for both the vehicles as bribe, to be paid to one Raj Kumar at Kisan Dharam Kanta (weigh-bridge). Learned counsel for the petitioner vehemently contended that action in the FIR was demanded against Dharamvir and not against the present petitioner. The contention cannot be accepted. It has been specifically mentioned in the FIR that Dharamvir, in the absence of petitioner Sub Divisional Magistrate, issued challans bearing signatures of the petitioner, who had given blank signed challan-book to Dharamvir. These averments in the FIR itself constitute grave offence by the petitioner. He had illegally delegated his power to his official Dharamvir for challaning the overloaded vehicles, if bribe money was not paid. Crl. Misc. No. M-37388 of 2011 3 In addition to the aforesaid, learned State counsel, on instructions from Inspector Ram Kishan, contended that efforts were made to seize the blank signed challan-book and petitioner was contacted on his mobile telephone, but the petitioner continued to change his location so as to issue challans on the blank signed challans and the petitioner had been giving his wrong locations. It is also stated by learned State counsel that statements of different witnesses have been recorded during investigation regarding involvement of the petitioner in the whole affair. Surender Singh, Mukesh Kumar and Mohan Lal – Clerk in the office of Sub Divisional Magistrate have also given affidavits against the petitioner. Mohan Lal had even been accompanying Dharamvir at the instance of the petitioner, who told Mohan Lal that necessary instructions had been given to Dharamvir. In view of the serious allegations against the petitioner, but without meaning to comment anything on merits of the case, the petitioner, who is a senior Gazetted Officer belonging to State Civil Services, does not deserve the concession of anticipatory bail. Dismissed. December 21, 2011 ( L. N. MITTAL ) monika JUDGE