P.C. Mishra vs Cbi on 21 January, 2021
1 min read1. The present appeal has been filed by the appellant seeking to set aside
the judgment dated 24.05.2010 passed by Special Judge, Delhi in CC
No.31/2008 [CC No.62/1999 (old number)], vide which he has been held
guilty and convicted for the offences under Sections 7 and 13 (1) (d) read
with Section 13 (2) of Prevention of Corruption Act, 1988 (hereinafter
referred to as the “PC Act”) and order on sentence dated 26.05.2010, vide
CRL.A.692/2010 Page 1 of 35
which he has been directed to undergo rigorous imprisonment for two years
with fine and default clause.
2. The case of prosecution against the appellant is that on 28.02.1996
while working as Assistant Commissioner-V (Appeals), Sales Tax
Department, Bikri Kar Bhawan, New Delhi, demanded a sum of ₹4,000/- as
illegal gratification from Shri Gulshan Sikri Proprietor of M/s Filtrex India,
Nangal Raya, New Delhi, for favouring him in the matter of appeal pending
before him and in furtherance of this demand, he on 01.03.1996 at about
12.40 pm in the Sales Tax Office, I.P. Estate, New Delhi demanded a sum of
₹ 4,000/- from Shri Gulshan Sikri, complainant and directed the complainant
to hand over the demanded money to his Reader Shri Ravi Bhatt, who on
01.03.1996 accepted the same as per direction of the appellant and on his
behalf as illegal gratification, other than legal remuneration as a motive or
reward for favouring the complainant and thereby, he committed an offence
punishable under Section 7 of P.C. Act, 1988 read with Section 13 (1) (d)
and 13 (2) of the said Act.
Source: Indian Kanoon