STATE OF GUJARAT Vs. RAJESHBHAI RAMNIKLAL SANGANI

JUDGEMENT

(1.) THE present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 13.03.2003 passed by the learned Additional Special Judge, Second Fast Track Court, Amreli in Special Case No.28/1997, whereby the learned Trial Judge acquitted the original accusedrespondents herein, of the charges for the alleged offences.

(2.) THE brief facts of the prosecution case are that the complainant -J.G. Chavda, Police Inspector, Anti Corruption Bureau, Amreli received information to the effect that the local police and the staff of the R.T.O. are collecting entry fees from the vehicle owners passing on the roads of Bhavnagar, Talaja, Mahuva, Aschana Chokdi, Rajula, Nageshri, Timbi, Una Highways. According to the information, they were collecting entry fees illegally to the tune of Rs.10/ - to Rs.300/ - per vehicle, which were passing on the aforesaid roads. It is further case of the prosecution that The complainant, after verifying the said information, decided to arrange a trap on 13.08.1996. Accordingly, he met the local ACB PSI -Shri Pancholi and arranged the trap. It is further case of the prosecution that he called three persons; one to act as owner of the vehicle and two panchas. One Dilipbhai Natvarlal Brahman and Pravinkumar Amrutlal Darji was prepared to act as panchas. It is further case of the prosecution that one Damjibhai Shivabhai Nakia was selected to act as an owner of the vehicle. The first panchnama in this connection was drawn between 2:00 and 2:30 p.m. on the day of the trap. The accused accepted the amount of bribe of Rs.20/ - from the person, who had acted as owner of the vehicle i.e. truck. However, on seeing the members of the raiding party, he threw away the amount and ran away from the place of the incident. However, the Police found that it was accused who had accepted the amount of bribe and disappeared from the scene of the offence. He was in his uniform. The amount was accepted as entry fees and also as overload charges. On these facts, a complaint being I -C.R No.6/1996 was lodged against the accused with ACB Amreli Police Station.

(3.) AFTER completion of the investigation, the chargesheet was filed before the learned Magistrate Court. As the case was exclusively triable by the Court of Sessions, learned Magistrate Court under Section 209 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") committed the said case to the Court of learned Additional Special Judge, Second Fast Track Court, Amreli, which was, thereafter, numbered as Special Case No.28 of 1997. Since opponentaccused did not plead guilty and claimed to be tried, he was tried for the alleged offences.