Stamp Vendors Classified as 'Public Servants' Under PC Act : Supreme Court
The Hon’ble Supreme Court in Aman Bhatia vs State (GNCT of Delhi) held that stamp vendors qualify as “public servants” under Section 2(c)(i) of the Prevention of Corruption Act, 1988 (PC Act), as they perform a public duty and are remunerated by the government—via discounted rates under the 1934 Rules—for selling stamp papers. The Court emphasized that it is the nature of the duty, not the official designation, which determines one’s status as a public servant under the PC Act. The bench, comprising Justices JB Pardiwala and R Mahadevan, ruled on an appeal against a Delhi High Court judgment upholding the appellant’s conviction under Sections 7 and 13(1)(d) read with Section 13(2) of the PC Act. The appellant, a licensed stamp vendor, had been accused of demanding Rs. 2 extra for a Rs. 10 stamp paper, based on a trap laid by the Anti-Corruption Bureau. The appellant argued he was a private vendor and not covered under the PC Act. However, the Court, citing State of Gujarat vs Mansukhbhai Kanjibhai Shah, held that remuneration by way of fees or commission for performing public duties brings such individuals within the Act’s scope. While affirming the vendor’s status as a public servant, the Court found the prosecution failed to prove the demand and acceptance of illegal gratification beyond a reasonable doubt, and accordingly set aside the conviction.