Suresh Kumar vs State of H.P.

Dharam Chand Chaudhary, J.—Police report has been filed and the Investigating Officer/Inspector Karam Chand, Police Station, SV & ACB, Northern Range, Dharamshala has also produced the record. Heard.

In a nut shell, the allegations against the accused-petitioner are that on 8.11.2012, during the search of few trucks loaded with apple, crossed through Multipurpose Barriers, Chakki, conducted by Shri Hitesh Sharma, Deputy Excise & Taxation Commissioner, accompanied by Assistant Excise & Taxation Commissioner, Nurpur, Excise & Taxation Officer, Damtal and Excise & Taxation Officer, Toki, around 2.00-3.00 p.m., it transpired that no receipt qua the payment of tax at the said barrier in respect of eight of such trucks was issued and the drivers/conductors, incharge thereof had disclosed that though the inspector (accused-petitioner) on duty at the barrier charged Rs. 150-200 per truck from them, but not issued the receipts for the amount so received. Immediately thereafter, the Chakki barrier was raided by Shri Hitesh Sharma, aforesaid and other departmental officers and in the cash box, a sum of Rs. 6,820/- was found in excess when the cash in the box was compared viz-a-viz the tax collection receipts issued by that time. The accused-petitioner was posted as Excise & Taxation Inspector at the relevant time, hence incharge of the barrier.

On the application made by Shri Hitesh Sharma, a case FIR No. 01/13, under Sections 13(1)(E) & 13(2) of Prevention of Corruption Act, 1988 was registered in Police Station, SV & ACB, Northern Range, Dharamshala on 23.1.2013. The Police during the course of investigation has taken into possession the record from Chakki Barrier. A sum of Rs. 6,820/- found excess in the cash box has also been taken into possession in the presence of the witnesses. The other documents concerning with the case registered against the accused-petitioner have also been taken into possession. The investigation so as to the assets as to whether disproportionate to the known sources of income of the accused-petitioner or not, has also been conducted. No recovery is left to be made from the accused and even Challan stands prepared and likely to be filed in the Court. The only apprehension of the investigating agency as disclosed from the perusal of the police report is that in the event of the accused-petitioner is ordered to be released on bail, he may influence the prosecution witnesses and dissuade them from deposing the true facts in the Court.

Learned Additional Advocate General on instructions from the I.O., however, has stated that no instance of tampering with the evidence or winning over the prosecution witnesses by the accused-petitioner has come to the notice of the investigating agency.

In view of the position explained hereinabove, when nothing remains to be recovered from the accused-petitioner and even Challan also stands prepared against him and likely to be filed in the Court, this Court feels that on mere apprehension that the accused-petitioner is likely to win over the prosecution witnesses particularly when no instance of such nature has come to its notice, the prayer made in this application particularly when the accused-petitioner is resident of District Hamirpur and also working as Excise & Taxation Inspector in the department of Excise & Taxation should not be declined.

This application is, therefore, allowed. It is directed that in the event of the arrest of the accused-petitioner, in this case, he shall be released on bail, subject to his furnishing personal bond in the sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the I.O./arresting police officer. He, however, is directed to join the investigation of the case as and when required by the Investigating Officer. He shall also not tamper with the prosecution evidence and hamper the investigation of the case in any manner whatsoever. He is further directed not to leave the territory of India without prior permission of the Court. It is clarified, if the petitioner misuses the liberty of bail or violates any of the conditions imposed upon him; the Investigating Agency shall be at liberty to approach this Court for the cancellation of the bail. The application stands disposed of.

Copy Dasti.