STATE OF GUJARAT Vs. CHHOTELAL MATAPRASAD MISHRA

JUDGEMENT

(1.) PRESENT application, under section 378(1)(3) of the Code of Criminal Procedure, 1973 (for brevity Cr.P.C.) has been preferred by the applicant appellant - State of Gujarat for Leave to Appeal against the impugned judgment and order of acquittal dated 31/12/2012, passed in Special (ACB) Case No. 12 of 2005 by the learned Special Judge (ACB) & 7th (Ad -hoc) Additional Sessions Judge, Surat acquitting the opponents herein original accused for the offences punishable under Sections 7, 12, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988.

(2.) FACTS in nutshell of the prosecution case are that complainant Mr. M. P. Raoal, Police Inspector, ACB, Surat had got the information from some reliable sources that some of the employees deployed at the octroi naka were allowing to enter the items illegally without collecting the requisite octroi to be levied on the said items by corrupt practices, for illegal gratification. Hence, he registered a complaint before the ACB Police Station, Surat and accordingly, a trap was planned. For the purpose, one private person namely Chetanbhai Vinodchandra Gandhi, resident of B/9, Pujara House, Palanpur Patia, Surat, who was having three wheeler tempo, bearing registration No. GJ -5 -UU -5522 was called and his cooperation was sought for by the complainant referred hereinabove and said Chetanbhai Vinodchandra Gandhi had shown his willingness for carrying out the said work. The panchas were also called and they had also shown their willingness to remain as panchas. It is further the case of the prosecution that as per the plan, one steel cupboard had to be placed in the three wheeler tempo of Chetanbhai Vinodchandra Gandhi and it was decided that said Chetanbhai Vinodchandra Gandhi had to enter into the city of Surat from Roodh Octroi Naka. It was also decided that the panch No. 1 had to sit with punter Chetanbhai Vinodchandra Gandhi in the tempo and while passing the said tempo, if the person on duty stops him for want of requisite legal duty to be paid, it was decided to pay by the said punter and then go away, after taking receipt for the same. But, if the person on duty informs the said punter to pass the tempo without paying the legal duty by paying illegal gratification for passing the tempo, in that case, it was decided that the currency notes coated with the phenolphthalein powder given to the punter by the complainant, should be given and accordingly, currency notes worth Rs.300/ - in the denomination of Rs.100/ -, two in number, Rs.50/ -, one in number and Rs.10/ -, five in number, had been given to the punter by the complainant. Accordingly, by following due procedure for the same, the trap was laid. As per plan, when punter Chentanbhai entered into the city of Surat from Roodh Octroi Naka, the respondent No. 1 Chhotalal Mataprasad Mishra, Detective Inspector stopped them and asked them for bill and accordingly on not having the bill of the cupboard laid in the said tempo, the respondent No. 1 informed the punter to pay the octroi of Rs.250/ - @ 3%. On the said punter contending that the cupboard itself is available at Rs.1,000/ - to 1,500/ -, the respondent No. 1 told him to pay Rs.100/ - and went away from there. On further requesting by the punter to reduce the said amount, the respondent No. 1 asked him to pay Rs.50/ - to the octroi clerk in the office i.e. respondent No. 2 herein. Accordingly, the punter paid Rs.50/ - to the respondent No. 2 herein towards illegal gratification and was accepted by him and currency note coated with phenolphthalein powder was collected from the possession of respondent No. 2 herein and thus, the alleged offence was committed by the respondents for which, offence under Sections 7, 12, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 had been registered against them.

(3.) IN support of its case, the prosecution has recorded statements of witnesses and collected several documentary evidence and after having found sufficient evidence and material against the accused, they came to be arrested and chargesheeted for the alleged offence.