VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 58
275
165 I.P.C. (corresponding to sec. 11 of P.C. Act,
1988) even though he has no function to discharge
in connection with the appeal.
R.G. Jocab vs. Republic of India,
AIR 1963 SC 550
The appellant, who was the Assistant Controller of Imports
in the office of the Joint Chief Controller of Imports and Exports,
Madras was tried by the Special Judge, Madras on three charges,
under section 161 I.P.C., 5(1)(d) read with section 5(2) of the
Prevention of Corruption Act, 1947 and section 165 I.P.C.
(corresponding to secs. 7, 13(1)(d) read with 13(2), 11 of P.C. Act,
1988 respectively). He was acquitted of the first two charges but was
convicted of an offence under section 165 I.P.C. and sentenced to
R.I. for one year. The High Court dismissed the appeal and affirmed
the order of conviction but reduced the sentence to that of fine of
Rs.400.
The prosecution case is that the appellant demanded and
accepted two cement bags and Rs.50 from a merchant promising to
use his influence and help him to get him an export permit. The
Special Judge as also the High Court accepted the prosecution
evidence as true and rejected the defence version and the appellant
has not challenged before the Supreme Court the findings of facts.
The contention is based mainly on the fact that the appellant was
Assistant Controller of Imports and had no connection with the issue
of export permits and that he was not subordinate to the Joint Chief
Controller of Imports and Exports to whom the appeal petition had
been filed and consequently his acceptance of the cement bags and
the money did not amount to an offence under section 165 I.P.C.
The Supreme Court held that administrative subordination
is sufficient, that section 165 I.P.C. has been so worded as to cover
cases of corruption which do not come within section 161 or section
162 or section 163 I.P.C. and that by using the word “subordinate”
without any qualifying words, the legislature has expressed intention
of making punishable such subordinates also who have no connection
with the functions with which the business or transaction is concerned