STATE OF GUJARAT Vs. DAHYABHAI BHIKHBHAI THAKKAR

JUDGEMENT

(1.) THE present appeal is filed by the appellant -State under section 378(1)(3) of the Code of Criminal Procedure, 1973 being aggrieved and dissatisfied with the judgment and order dated 27 -5 -1998 passed by the learned Special Judge, Nadiad, in Special ACB Case No.15 of 1993 whereby the accused has been acquitted of the charges levelled against him.

(2.) SHORT facts of the prosecution case are that the respondentoriginal accused was discharging his official duty as Factory Inspector in Nadiad Branch of Kheda District. It was alleged that before seven months of the complaint dated 3 -1 -1991, the accused came to his factory and told that if no case is to be taken against his factory, he should be paid Rs.500/ -. The complainant paid the said amount and no case was taken. Two months thereafter, the accused again came to his factory demanding Rs.700/ - as Rs.500/ - paid was very less and for the same, he initiated some cases against the complainant. When the complainant went to his office, the accused demanded Rs.700/ - from him. Thereafter, on the complainant approaching the accused with Rs.700/ - on 1 -1 -1991, the accused demanded Rs.1000/ - not to take any case against his factory for one year. As the complainant was ready to pay, the accused asked the complainant to come on Friday at 2.00 p.m. with the Visit Book and Rs.1000/ -. As the complainant did not want to pay the said amount, he approached ACB Ahmedabad main office and met Police Inspector, Shri V.K.Amaliyar on 3 -1 -1991. The complainant was asked to remain present on the next day i.e. on 4 -1 -1991 in the morning at 10.30 in Dabhan Village, Opposite Resham Hotel, Near Swaminarayan Petrol Pump on the highway leading to Nadiad. The complaint of the complainant at Ex.33 was taken on 3 -1 -1991 at 4.30 p.m. After making arrangements for two panchas on 4 -1 -1991, ACB raiding party officials reached at the pre -decided place where the complainant was also present. The complaint was read over to the complainant and panchas. The complainant then handed over ten currency notes of the denomination of Rs.100/ - to the raiding party. After noting down the numbers of those notes, anthracene powder was applied on those notes. Thereafter, primary panchnama was drawn there and upon following all necessary formalities, complainant, panchas and the raiding party reached the office of the accused. The complainant and panch No.1 went to the office of accused. The accused asked the complainant whether he has brought the visit book and the money or not. The complainant answered them in affirmative. The complainant then handed over the anthracene powdered currency notes to the accused. Upon receiving the said notes by the accused, panch No.1 went outside and gave the agreed signal to the other members of raiding party as mentioned in panchnama Ex.28. Immediately upon this, P.I., Shri Amaliyar and panch No.2 came to the cabin of the accused. Shri Amaliyar gave his introduction to the accused and after drawing necessary panchnama, the accused was caught red -handed with the anthracene powdered currency notes. Statement of the accused was taken and the accused and the complainant were taken to ACB office at Nadiad where complaint was registered. At the end of investigation and on the basis of materials collected against the accused, a charge sheet was filed against the accused before the Special Court where it was numbered as ACB Case No.15 of 1993. Thereafter, charge was framed against the accused. The said charge was read over and explained to the accused. The accused pleaded not guilty to the said charge and claimed to be tried.

(3.) I have heard learned Addl. Public Prosecutor, Mr.K.L.Pandya and learned advocate, Mr.K.B.Anandjiwala for the respondent -accused.