Law: Prevention of Corruption Act, 1947

Section: 5(2)

Keywords: Fine, Delivery, Division, Benefit Of Doubt, Illegal Gratification, Money, Executive, Receipt, Prosecution, Public Servant, Custody, Possession, Examination, Sub-Division, Damages, Enquiry Officer, Illegal, Prevention, Gratification, Magistrate, Acceptance, Order, Conviction, Evidence, Defence, Proceedings, Set Aside, Imprisonment, Contract Result: Order accordingly JUDGMENT The appellants have been convicted by Special Judge-cum-Enquiry Officer, Anti-Corruption Hyderabad of offence under section 161, P. P. C. Read with section 5(2) of the Prevention of Corruption Act, 1947 and they have been sentenced to simple imprisonment for six months and a fine of Rs. 500 or in default further R. I. For 2 months and to S. I. For four months and fine of Rs. 200 or in default further R. I. For one month, respectively. 2. The appellant Abdul Shakoor was an Overseer working in Building Road Store Sub-Division, Hyderabad. Appellant Muhammad Iqbal was working under him as Mistry. One Abdul Hadi had taken the contract of transporting cement bags from the cement factories at Karachi to the B R Store at Hyderabad. One Ghulam Hussain worked for him as Munshi. On 16-6-1967 16 trucks of cement were delivered by Munshi Ghulam Hussain at the stores. Appellant Iqbal gave him the receipt for 13 trucks only and when Munshi Ghulam Hussain demanded the receipt for 3 trucks more he was referred to the Overseer appellant Abdul Shakoor. Abdul Shakoor demanded Rs. 500 for himself and Rs. 200 for Mistry Iqbal before giving him the receipt of the three trucks. Munshi Ghulam Hussain informed Contractor Abdul Hadi regarding the same. Meanwhile the demand was reduced from Rs 700 to Rs. 450. Anti-Corruption Police were informed and a trap was organized. Mr. Sarang Ram Kela, Mukhtiarkar and F. C. M. Was deputed by the A. D. M. To supervise the trap. The statement of the complainant was recorded and the Mashirnama of marked currency notes of Rs. 450 was prepared. Munshi Ghulam Hussain along with the Mashir went to the store where one clerk Ghulam Hussain who happened to be there stopped the Mashir at the gate but allowed complainant Ghulam Hussain to go inside. The complainant gave the marked…

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