STATE OF GUJARAT Vs. ABDULBHAI ALUBHAI QURESHI

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the appellant original complainant, State of Gujarat under Section 378 of the Cr. P.C., against the Judgment and order dated 30.10.2004 rendered by the learned Special Judge and Additional Sessions Judge, Fast Track Court, Surendranagar, in Special (ACB) Case No.1 of 2001. The said case was registered against the present respondents original accused for the offence punishable under Sections 7, 12, 13(1)(d), 1,2,3 and 13(2) of the Prevention of Corruption Act.

(2.) ACCORDING to the prosecution case, the accused No.1 during the year 1999 was serving as Head Constable in Surendranagar City Police Station and the accused No.2 was serving as Constable in the said Police Station. The coaccused who were involved in the offence viz. Shri Subamiya Dolubha Parmar and Shri Khimjibhai Ramjibhai Parmar were also serving A.S.I. in the said Police Station. All the accused were Government servants. The complainant Dharmishtaben had given one ambassador car to Ranjitsinh who happens to be the son of her maternal uncle Samatsinh Mulubha Chauhan. The said Ranjitsinh was driving the ambassador car of the complainant as driver. On 2324.4.1999 the said ambassador was seized by ASI K.R.Parmar and ASI Subamiya Dolubha Parmar of Surendranagar City Police Station in respect of the prohibition offence bearing Registration No.33 of 1999. The driver of the said ambassador had fled away. The police inquired from the complainant and her husband about the offence and asked them to produce driver of ambassador. The complainant said that the ambassador was run on rent by three persons viz. Ranjitsinh resident of Ahmedabad Juhapura, Vinod and one Babubhai Chauhan of Sanathal Village. Therefore, Vinod who was the driver of the ambassador produced himself before the police. He was released on bail. On 10.5.1999, the complainant and her husband Pankajsinh Samantsinh Chauhan went to the City Police Station for releasing their ambassador car. At that time, ASI K.R.Parmar demanded Rs.10,000/ - for releasing their car. On 13.5.1999 they again went to the police station. At that time Subamiya Dolubha Parmar and K.R.Parmar were present and they advised them to get the order of releasing their car from the Court. They demanded Rs.10,000/ - for writing an opinion. On 17.5.1999, they came to the police station and paid Rs.5,000/ -.

(3.) ON the basis of above allegations, charge was framed, readover and explained to the accused for the offence punishable under Sections 7, 12, 13(1)(d) 1, 2, 3 and 13(2) of the Prevention of Corruption Act. The accused pleaded not guilty to the charge and claimed to be tried.