STATE OF GUJARAT Vs. NAGARSINH KASNABHAI PALAS

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 30.7.2002 rendered by the learned Special Judge, PanchmahalGodhra, in Special (ACB) Case No.4 of 2000. The said case was registered against the present respondent original accused for the offence under Sections 13(1)(c) read with Section 13(2) of the Prevention of Corruption Act.

(2.) ACCORDING to the prosecution case, that during the period between 23.7.1994 to 19.1.1995 the respondent with an intention to get financial benefit had utilized the Government vehicles for transporting empty LPG gas cylinders to bottling plant running in the name of Shreeji Corporation at Taluka Narsanda, Dist. Nadiad and at the same time also utilized vehicle for transporting filled LPG gas cylinders from Narsanda to Palas Gas Agency in Godhra. It is pertinent to note that ownership of Palas Gas Agency is of respondent's father. Entry of using vehicles is made in the register of Narasanda plant and thereby accused of this offence by misusing his office as a public servant has committed offence punishable under Sections 13(1)(c) read with Section 13(2) of the P.C.Act

(3.) AFTER completing necessary formalities the raid was carried out, statement of the witnesses were recorded by the trapping officer and then before the learned Special Judge chargesheet was filed.