STATE OF GUJARAT Vs. MAHESHKUMAR PARSHOTTAMDAS PARMAR

JUDGEMENT

(1.) Heard learned advocates for the parties. Perused the record.

(2.) The petitioner State being prosecuting agency wants to challenge the judgment and order of acquittal dated 20/11/2015 rendered in Special Case [ACB] No. 15/2005 by the Special Judge [ACB], Court No. 4, Ahmedabad city. By said impugned judgment, the Special Judge has acquitted the respondent herein from the charges under sections 7, 13 [1][d] read with 13[2] of the Prevention of Corruption Act and, therefore, leave to appeal has been requested.

(3.) The sum and substance of prosecution case before the Special Court was to the effect that the investigating agency was in receipt of the intimation that staff of Octroi Department of the Ahmedabad Municipal Corporation is accepting bribe from the vehicles entering into the city area and, therefore, investigating agency has arranged decoy trap by requesting some vehicle owner to support the investigating agency in performing raid by offering the amount of bribe in the form of tainted currency notes to the staff of Octroi Department of the local authority, as and when there is demand of illegal gratification bribe. Therefore, prima-facie, it becomes clear that there is no allegation against the accused prior to raid that he had demanded particular amount and, therefore, prosecution has admitted that there is no prior demand i.e. demand of bribe amount for which trap was arranged after lodging complaint.