ALWIN LAURENCE MEENDONSA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 15.11.2000 rendered in Special Case No. 30/97 by the learned Special Judge, City Civil & Sessions Court, Ahmedabad, recording the conviction of the accused for offenses under sec. 7 as well as for offence under sec. 13(1)(d) (I), (ii), (iii) r/w sec. 13(2) of the Prevention of Corruption Act (hereinafter referred to as 'the PC Act') and imposing sentence of R.I. for 6 months and fine of Rs. 250/-, i/d S.I. for 15 days for the offence under sec. 7, and R.I for 1 year & 3 months and fine of Rs. 500/-, i/d S.I. for 1 month for the offence under sec. 13(1)(d) and sec. 13(2) of the PC Act.

(2.) The facts of the case, briefly stated, are that when PW 1 was going with his truck for delivering iron plates to Pune and reached Sabarmati check post the ACB officer is said to have asked him whether he would co-operate with them for the running trap asking whether he has been harassed by the police. Thereupon, the appellant is said to have stated that some time in the name of entry, harassment is caused for verification of licence etc. and ultimately the demand for Rs. 50 or 100 is made in the name of entry. He had stated that the traffic police is making such demand and therefore a running trap was arranged for which currency notes were smeared with anthracene powder and PW 1 was instructed that when he is stopped and if any bribe is demanded for the entry, he should offer the tainted currency notes smeared with anthracene powder and then give a signal.

(3.) Learned counsel Mr. P.R. Nanavaty referred to the testimony of PW 1 at exh. 7 and submitted that there is no demand and no specific sum was quoted or demanded by the accused. He emphasised referring to the testimony of PW 1 exh. 7 that even if this testimony is accepted as it is, it is evident that it was passed on by the PW 1 driver on his own and there was no demand. He also referred to the testimony of the panch witness, PW 2 at exh. 11 and submitted that he has also corroborated on this aspect that there was no demand for any specific amount.