TMI Blog1962 (8) TMI 119X X X X Extracts X X X X X X X X Extracts X X X X ..... 165 of the Indian Penal Code and sentenced to rigorous imprisonment for one year. He appealed to the High Court of Madras; but the High Court dismissed the appeal and affirmed the order of conviction, but reduced the sentence to that of fine of ₹ 400/- in default rigorous imprisonment for three months. The High Court has however granted a certificate under Article 134(1)(c) of the constitution that this was a fit case for appeal to this Court. On the basis of that certificate this appeal has been filed. 2. This prosecution case is that one K. R. Naidu (who has been examined as prosecution witness No. 8) a merchant having export business in onions, chillies and groundnuts made on January 21, 1958, an application for export of chill ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The appellant accepted the cement bags and the money from Arumugam. The two cement bags were put in a room of the building as directed by the appellant. Immediately after this the Deputy Superintendent of Police, who had been waiting according to the arrangement a little distance away from the house came into the house on getting the pre-arranged signal from Arumugam. He revealed his identity to the appellant and asked him to produce the money and cement bags. The accused then took him upstairs and opened an Almirah with his own keys and produced from inside the Almirah the very notes of which the number had been taken by the Deputy Superintendent of Police. The cement bags with the marks inside were also found down-stairs. 3. The accus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ccept or attempts to obtain, for himself or for any other person, any valuable thing without consideration, or for a consideration which knows to be inadequate from any person whom he knows to have been or to be, or to be likely to be concerned in any proceeding or business transacted or about to be transacted by such public servant, or having any connection with the official functions of himself or of any public servant to whom he is subordinate, or from any person whom he knows to be interested in or related to the person so concerned shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 5. What has been proved in this case is; (1) that the appellant, a publ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... B it presents little difficulty. Thus, in that branch of the State's public administration which deals with regulation of Imports into and exports from India, one would state without difficulty that an Assistant Controller of Imports is subordinate to the Joint Chief Controller of Imports and Exports; so also the Assistant Controller of Exports is subordinate to the Joint Chief Controller of Imports and Exports; but the Assistant Controller of Exports is not subordinate to the Assistant Controller of Imports; nor is the Assistant Controller of Import subordinate to the Assistant Controller of Exports. According to the learned Counsel, in s. 165 the word subordinate should be interpreted as functionally subordinate . He contends th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 164 it may be mentioned makes punishable the abetment of offences under s. 162 and 163. In this context, the learned Counsel argues, the words in s. 165 should be so interpreted as to make punishable only such taking of gratification by a public servant as has in some way connection with his own official functions, and so he argues subordinate in the section should be interpreted as suggested by him. To a emphasise his point he gave this illustration X the Collector of a District is dealing with a matter of assessment of revenue on A's application. Y a office Peon of a department under the Collector which has nothing to do with revenue matters accepts money from A knowing that A has such business with X; Y will then be committing an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent legislative policy. This the Court has no power to do. The argument that subordinate means something more than administratively subordinate must therefore be rejected. The appellant has therefore rightly been held to be subordinate to the Joint Chief Controller, even though the appellant had no functions to discharge in connection with the appeal before the Joint Chief Controller of Imports and Exports. 10. Mr. Kumaramangalam then wanted to argue that the facts and circumstances of the case showed that Arumugam was a police informer and that he was really not concerned in the appeal before the Joint Chief Controller of Imports and Exports. Therefore, he points out, it would be reasonable to hold that no offence under s. 165 had ..... X X X X Extracts X X X X X X X X Extracts X X X X
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