STATE OF GUJARAT Vs. RAMANLAL MAGANLAL PATEL

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 10th December, 1999 passed by the learned Special Judge, Court No.8, Ahmedabad city in Special Case No.25/1996 whereby the respondent accused has been acquitted of the offences punishable under sections 7, 13(1)(d) (i) and (ii) and section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the Act").

(2.) THE prosecution case is that the complainant - Ranchhodbhai Parsottamdas Patel lodged a complaint with the Anti-Corruption Bureau, Ahmedabad city stating that he was engaged in Heavy Scale Repairing Works opposite Kalapinagar Bus Stand, since 1980. In his workshop, he repairs weighing scales, weighing platform machines and weighbridges for businessmen. As per the Government rules, the weights and scales are required to be examined every year and the same are required to be calibrated by the Legal Metrology Inspector and a certificate is required to be issued, which is compulsory. It is the case of the complainant that he holds a licence in this regard and that in respect of such work, the Government has prescribed the fees which are required to be paid and that he, on behalf of businessmen, on the basis of such licence, pays stamping fee to the Legal Metrology Inspector in the concerned office and obtains receipts in respect thereof and recovers service charges from such businessmen.

(3.) DURING the course of trial, the prosecution examined, in all, three witnesses namely, the complainant, the panch No.1 and the Investigating Officer and also produced certain documentary evidence on record. The learned Special Judge, after appreciating the evidence on record, found that the prosecution has not established the charges levelled against the accused beyond reasonable doubt and acquitted him.