STATE OF GUJARAT Vs. NAVINDBHAI PARBHUBHAI PATEL

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the appellant original complainant, State of Gujarat under Section 378(1)(3) of the Cr. P.C., against the Judgment and order dated 16.12.2002 rendered by the learned Additional Sessions Judge and Special Judge, Bharuch, in Special Corruption Case No.2 of 2001. The said case was registered against the present respondent original accused for the offence punishable under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act.

(2.) ACCORDING to the prosecution case, the complainant Mr.N.B.Koravala, Police Inspector, ACB, Bharuch has received an information that some personnel of traffic police used to collect Rs.50/to Rs.100/as an amount of bribe from the auto rickshaw and jeep drivers under various pretexts on Ankleshwar Rajpipla Cross Road giving threats that they would lodge a case, if their demand of bribe is not paid to them. In response to this a raid was arranged and two panch witnesses have been called from the office of the Taluka Panchayat, Bharuch and they have been explained with regard to activities to be performed by them. Thereafter, as per prosecution case one rickshaw bearing No.GJ16G65 going towards Ankleshwar GIDC, Mr.Koravala gave signal to driver Mr.Ashwinbhai of that auto rickshaw and asked to cooperate in this decoy. He gave his consent for this decoy. Thereafter in presence of two panchas and other staff members, a preliminary preparation including an experiment of anthracene powder and ultraviolet lamp were made by Shri Koravala. A currency note of Rs.100/was presented by the complainant to Mr.Ashwinbhai Bhil. That currency note was smeared with anthracene powder. Other formalities were carried out. Thereafter, panchnama of part two was carried out at 9:40 a.m. near Ankleshwar Gadkhol Patia in the Government Jeep. Thereafter complainant and panch witnesses left for Ankleshwar Rajpipla cross road. One policeman in uniform had by blowing whistle gave signal to stop auto rickshaw. The rickshaw stopped the rickshaw on the left side of the road. Thereafter, the policeman came near the rickshaw and told the rickshaw driver that, "you are always going with plenty of passengers, why not understand the dealing". I will file a complaint against you and if you do not want to do this then give me Rs.100/otherwise I will issue RTO memo against you and hence, rickshaw driver gave Rs.100/to the policeman who has accepted the same and put in his rightside pocket of the trouser, at that time it was 10:15 a.m. Thereafter said currency note was seized from the right pocket in presence of panch witnesses. Thereafter, on asking his name he has said that his name is Navinbhai Prabhubhai Patel, Unarmed Police Constable, Badge No.1516, serving in Ankleshwar GIDC Police Station. Thereafter Police Inspector Shri Koravala lodged complaint against accused, statement of the witnesses were recorded by the trapping officer and then before the learned Special Judge chargesheet was filed.

(3.) ON the basis of above allegations, charge was framed, readover and explained to the accused for the offence punishable under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act. The accused pleaded not guilty to the charge and claimed to be tried.