RAMESHCHANDRA HARILAL VYAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants - original accused have filed this Appeal under Section 374 of Cr.P.C. challenging the Judgment and order of conviction dated 03.10.1994 passed by the learned Special Judge, Court No. 2, Ahmedabad, in Special Case No. 6 of 1990, whereby the learned Special Judge has held the appellants - accused guilty for the offences punishable under Section 7 of the Prevention of Corruption Act (for short P.C. Act) and awarded sentence to under-go S.I. for three years and to pay fine of Rs. 1,500/- each in default, to undergo S.I. for three months and for the offence under Section 13(1)(d)(i) & (ii) punishable under Section 13(2) of P.C. Act and awarded sentence to under-go S.I. for three years and to pay fine of Rs. 1,500/- each in default, to undergo SI for three months. The learned Judge has ordered that the substantive sentences shall run concurrently.

(2.) Brief facts of the prosecution case is that on 20.3.1989 Police Inspector G.K. Desai of A.C.B. lodged the complaint that he had received information that the traffic police, city police, R.T.O. Officials and the Municipal employees manning octroi check-post in the different parts of Ahmedabad city are demanding and accepting illegal gratification from the truck-operators and other heavy vehicle operators and to find out the truth in the matter a trap should be laid and as such on 18.3.1989 the complainant requisitioned the services of two panch witnesses. Both the witnesses were informed about the function which they have to function. Thereafter the raiding party, along with two panchas, started for Shamlaji on 18.3.1989 and on 19.3.1989 in the early morning they stopped two trucks bearing No. DIL 3817 and DIL 4667 and the drivers of both the trucks were appraised of the fact of the mission by A.C.B. raiding party and both the drivers showed their willingness and co-operation for trapping the corrupt officials. Therefore, the complainant produced currency notes worth Rs. 150/- smeared with anthracene powder and after following the due procedure preliminary panchnama was prepared. Thereafter the currency notes worth Rs. 70/-, i.e. one of Rs. 50/- and another of Rs. 20/- were put in the pocket of truck driver Azad and remaining amount of Rs. 80/- in the denomination of Rs. 50/- note and three notes of Rs. 10/- were put in the pocket of driver Satbir Sharma and both the truck drivers were made to understand that they should not touch these notes unless and until the demand for gratification is made by the traffic police, city police or the employees of octroi check-post and as and when the demand is made they should take out the currency notes and pay the demanded amount from the said currency notes. Panch witness Laxmansinh Jadav was asked to accompany driver Azad as pseudo witness and to hear the events taking place. The first part of the trap panchnama was duly completed in which the serial numbers of smeared currency notes were written in presence of two panchas. Thereafter at about 8.00 a.m. the raiding party along with one panch and the truck drivers in the truck, along with 1st Panch, started towards Ahmedabad and at about 1.00 in the noon and they reached near Nana Chiloda Octroi check-post. As there was compulsory security posted there, the trucks were stopped there and the drivers of both the trucks with the requisite papers proceeded to the Octroi Naka where both the accused were there. On seeing the papers the accused No. 1 told them that they should pay Rs. 3,000/- and at that time the accused No. 2 informed the truck drivers that if they are not having that much money, they would have to pay Rs. 40/- for both the trucks towards which each would, however, be issued receipt of Rs. 5/- only. Both the drivers requested them that at that time they do not have that much amount. Thereupon, the accused No. 1 informed the company on phone where the goods were to be transported and informed them to send Rs. 2,688/- and thereafter he demanded Rs. 20/- from each truck-drivers. Thereupon both the truck drivers, out of the said smeared notes, took out Rs. 20/- from their pockets, and tendered the same to the accused No. 1. The amount was accepted by the accused No. 1 and counted the same and put it on the table. The accused No. 1 prepared the receipt of Rs. 2,688/- and gave it to the driver of truck No. DIL 3817 and accused No. 2 prepared the receipt of Rs. 5/- in respect of truck bearing No. DIL 4667 and gave it to the driver of that truck. Thereafter, both the truck drivers came out and gave the pre-arranged signal to the raiding party. The raiding party reached the spot immediately and carried out the raid and the panch witness recovered the smeared currency notes which were lying on the table of accused No. 1. The numbers of currency notes were tallied which were noted in the first part of panchnama. The notes were seized in presence of panchas and thereafter remaining part of panchnama was completed. The raid was successfully carried out. Thereafter, the investigation was carried out by PI Vinod Jashvantray Vyas, of A.C.B.

(3.) On completion of investigation the requisite sanction of the competent Authority was obtained to prosecute the accused and thereafter the charge-sheet against the accused came to be filed. The prosecution has examined 5 witnesses and produced and also relied upon the documents and at the end recorded the statement of accused under Section 313 of Cr.P.C. At the conclusion of the trial, after considering the oral as well as documentary evidence led by the parties and the arguments advanced, the learned Special Judge, vide impugned Judgment and order dated 3rd October, 1994, held the accused - appellants guilty for the offences charged against them. The learned Special judge convicted the appellant - accused for the offence under Section 7 of the Prevention of Corruption Act, 1988 (for short 'P.C. Act') both the accused were awarded sentence to undergo simple imprisonment of three years and to pay fine of Rs. 1,500/- each in default to undergo SI for a period three months. The learned Judge also held both the appellants - accused guilty of the offence under Section 13(1)(d)(i) and (ii) punishable under Section 13(2) of P.C. Act and both the accused were awarded sentence to undergo SI for three years and to pay fine of Rs. 1,500/- each i/d to undergo SI for a period of three months. The learned Judge ordered that the substantive sentences shall run concurrently.