JAYANTILAL CHHOTALAL SARVAIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) SINCE the present appeals are arising out of the common judgment and order dated 13th June, 2000, passed by the learned Special Judge, Junagadh, in Special Case No.08 of 1990, the appeals are decided by this common judgment.

(2.) SO far as Criminal Appeal No.644 of 2000 is concerned, the same is filed by the original accused against the judgment and order of conviction and so far as Criminal Appeal No.805 of 2000 is concerned, the same is filed by the State of Gujarat for enhancement of sentence.

(3.) AS the complainant was not willing to give Rs.200/- to the appellant, he approached the Police Inspector, A.C.B., Junagadh and lodged his complaint on 05th March, 1990 at about 14.10 hours. Thereafter, services of two panchas were sought, facts of the case were narrated to them and thereafter 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 to the complainant. Thereafter, currency notes produced by the complainant were smeared with anthrecene powder. Number of notes were noted in the preliminary part of panchnama. The said currency notes were put in the left pocket of bush-shirt of the complainant. Thereafter, the Police Inspector, A.C.B., gave necessary instructions to the complainant as well as to the panchas. Thereafter, preliminary part of the panchnama was drawn and signature of the panchas were taken below the panchnama. Thereafter, the complainant, panchas and members of the raiding party proceeded to Mendarda to carry out raid in a taxi.