STATE OF MADHYA PRADESH versus SHAMBHU DAYAL NAGAR

Citation: [2006] SUPP. 8 S.C.R. 319 · Decided: 02-11-2006 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Appeal(s) allowed

Judgment (excerpt)

ST ATE OF MADHYA PRADESH 
A 
v. 
SHAMBHU DAY AL NAGAR 
NOVEMBER 2, 2006 
[S.B. SINHA AND DALVEER BHANDARI, JJ.] 
Preveniion of Corruption Act, 1988-Sections 4(1), 7, 13 (l)(d) and 13 
(2)-Bribery-Entrapment in presence of panch witnesses-Numbers of 
currency notes used in trap recorded and phenolphthalein powder smeared on C:: 
both of their sides-Fingers of accused and pocket of his shirt where he kept 
the notes when washed in solution of sodium carbonate, became pink-Trial 
Court convicting and sentencing the accused-High Court acquitting him on 
the grounds that upper right pocket of shirt is not normal place for keeping 
currency notes taken in bribe and it cannot contain a number of large currency D 
notes unless they were folded; perhaps currency notes were forced into pocket 
of accused ; traces of phenolphthalein powder can come in hands of resisting 
accused-Correctness of-Held-On totality of circumstances, prosecution had 
established its case on basis of evidence-Presumption under section 4(1) of 
the Act could be drawn as recovery of currency notes from accused was fully 
corroborated by complainant and independent witnesses-Plea that bribe E 
money is not kepc in upper pocket of shirt was wholly untenable-At no stage 
accused had alleged mala tides against complainant-Plea that a lenient 
view may be taken rejected since corruption by public servants was a gigantic 
problem and had pervasive impact on functioning of entire country. 
Respondent is an Assistant Sub-Inspector of Police. According to 
prosecution, he was entrusted with investigation of a complaint consequent 
to which he went to house of complainant, PWl, and told him that the 
opposite party had filed a report against them and in that connection, his 
rifle and that of his brother would be seized, and both of them arrested. 
F 
It was further alleged that he asked PWI that in case a bribe was paid to G
1 
him, he would neither seize the rifiles nor arrest them and rather the 
opposite party's persons will be arrested and sent to jail immediately • As 
PWl was not ready to give the bribe.and wanted to get him nabbed, he 
went to the office of Superintendent of Police arid submitted an application 
Accordingly, a trap was laid for nabbing him while accepting the bribe. H · 
319 
320 
SUPREME COURT REPORTS [2006) SUPP. 8 S.C.R. 
A The numbers of currency notes to be used in the trap were recorded and 
a thin layer of phenolphthalein powder smeared on both sides. After 
making other necessary preparations, a trap team left for the appointed 
place, a sweet shop. PWl and one panch witness, PW 3 were sent in the 
said shop. Another panch witness, PW6 and other officials of the trap 
B team, concealing their presence, took positions near the said shop. 
Respondent was called to the sweet shop and he came there in his uniform, 
spoke to PWl while sitting inside that shop and when he demanded the 
amount of bribe, PWl gave it to him and he kept it in the right pocket of 
his uniform's shirt. On passing the pre-decided signal by PWl, members 
of trap party who were hiding entered the sweet shop and caught the 
C respondent by his right and left hands respectively. PW 3 took out the 
amount of bribe from the pocket of the shirt of uniform worn by the 
respondent and their numbers were checked and found to match with the 
numbers mentioned earlier recorded. The fingers of the respondent and 
the right side pocket of the shirt worn by him when washed in solution of 
D sodium carbonate, became pink. charges under Sections 7 and 13(1) (d) 
read with section 13(2) of the Prevention of Corruption Act, 1988 were 
framed against the respondent. He pleaded that he has been falsely 
implicated. Trial Court, after considering the entire evidence and 
documents, held that the prosecution has succeeded in establishing the 
E aforesaid charges, and sentenced the respondent under sections 13(1)(d) 
read with section 13(2) of the Act. 
In appeal, High Court set aside the judgment of trial court. It 
discarded the prosecution version on the ground tha~ (i) the upper right 
pocket of the shirt is not the normal place for keeping currency notes taken 
p in bribe and it cannot contain 35 currency notes of denomination of 
Rs.100/- unless they were folded (ii) Perhaps PW 1 had forced his currency 
notes in the pocket of the respondent (iii) the traces of phenolphthalein 
powder can come in the hands of resisting respondents. Hence the present 
appeal. 
G · 
Appellant-Sta

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