MEHBUBMIYA CHANDMIYA SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal, filed under Section 374 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of conviction and sentence dated 30th March, 1999 passed by the learned Special Judge, Ahmedabad City, in Special Case No.07 of 1995 whereby the learned Special Judge was pleased to convict the appellant for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 and ordered him to undergo simple imprisonment for six months, and to pay fine of Rs.250/ -, and in default of payment of fine; ordered him to undergo simple imprisonment for a further period of one months The appellant was also convicted for the offence punishable under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 and was ordered to undergo simple rigorous imprisonment for a period of one year, and to pay fine of Rs.250/ -, and in default of payment of fine; ordered to undergo simple imprisonment for a further period of one month. However, both the sentences were ordered to run concurrently.

(2.) AS per the case of the prosecution, Mr.A.A. Khan, Police Inspector, Anti Corruption Bureau, Ahmedabad City gave a complaint on 27th July, 1994 on behalf of the State Government that he has certain information that local police and traffic police, employees of R.T.O. were demanding and accepting bribe amount on one pretext or the other from the drivers of vehicles passing to and fro. Thereafter, service of two panchas was obtained and they were appraised with the complaint filed by Mr.Khan and a panchnama to the said effect was prepared on 27th July, 1994. Thereafter, raiding party of ACB along with panchas waited near Dafnala, Shahibaug, to locate some decoy witness. At that time, one jeep car came there. The same was driven by one Shri Ganpatsinh Jaswantsinh Jetavat. He was appraised with the complaint lodged by Shri Khan. As per the case of the prosecution, Shri Ganpatbhai also supported the say of Mr.Khan. When said Shri Ganpatbhai was appraised with the complaint, he was ready to be decoy witness. He was asked to drive his vehicle on main roads and if somebody stopped him and demanded money, he should handover the powdered notes and give a pre -arranged signal to the raiding party. Before the currency notes were placed in the pocket of Ganpatbhai, experiment of U.V. Lamp was carried out with the help of anthrecene powder. The basic ingredients of the anthrecene powder were explained and made understood to the panchas as well as Ganpatbhai -decoy witness. Thereafter, currency notes were smeared with anthrecene powder. Thereafter, the Police Inspector, A.C.B., gave necessary instructions to the panchas as well as to the decoy witness. Thereafter, panchnama to the said effect was drawn.

(3.) AT the relevant point of time the appellant was discharging his duties near Delite Circle, at Ashram Road, Opp. Natraj Talkies. When the decoy witness passed through the appellant, the appellant stopped the jeep and asked the decoy witness to come out from jeep. Thereafter, the appellant and the jeep driver -decoy witness went upto some distance and after some time the decoy witness gave pre -arranged signal. On receiving the signal from the decoy witness, members of raiding party rushed to the spot and surrounded the appellant. Thereafter, Mr.Khan revealed his identity and after complying with the requisite formalities with regard to the examination of fats before taking out currency notes, panch was asked to take out the currency notes from the left hand side of the pocket of the appellant. Currency note of Rs.50/ - was taken out by panch and upon examination in the ultra violate lamp, it was found to be smeared with anthracene powder. Stains of anthracene powder was also found on the pant of the appellant, outside of the pocket as well as inside of the pocket.