STATE OF GUJARAT Vs. GHANSHYAMSINH RANCHHODSINH VAGHELA

JUDGEMENT

(1.) This appeal by the State of Gujarat is directed against the impugned judgment and order dated 6-5-1994, rendered in Special Case No. 4 of 1993 passed by the learned Special Judge, Ahmedabad (Rural), wherein the respondent-Ghanshyamsinh Ranchhodsinh Vaghela, on his coming to be tried for the alleged offence punishable under Secs. 13(1)(d), (i), (ii), (iii) and 13(2) of the Prevention of Corruption Act, 1988, was at the end of the trial ordered to be acquitted.

(2.) According to the prosecution, PW-4 Virsinh Ambaliyar, P.I., A.C.B., Ahmedabad, on 9-11-1989 received information that near Narol Highway Road, local police, traffic police, police attached to the Mobile Court and Forest Officers were demanding and accepting the bribes on one pretext or the other from the drivers of the vehicles passing to and fro. On the basis of this information, PW-4 requisitioned services of two Panch witnesses, viz., PW-2 Mahendra Naranbhai, and Sunil Manubhai (not examined) employees serving in R.T.O., and on their appearing before him on 10-1-1989 at 8-15 A.M. in A.C.B. office, they were posted with the aforesaid information and were instructed to accompany him to Narol Highway to lie on wait for passing vehicles. The first part of this proceeding was taken down in the Panchnama Exh. 14 drawn at the Shahibaug office of the A.C.B. which was completed at 9-15 A.M. This in turn was duly signed by the said two Panchas and PW-4 P.I.-A.C.B. Thereafter the raiding party consisting of two Panchas, PW-3 Bhalchandra Patil, H.C., A.C.B., lead by PW-4 in a Government vehicle proceeded towards the Narol National Highway No. 8. At about 10-00 A.M. one Tempo bearing No. GRX-5314 came from Naroda side which was stopped and on inquiring the name of its driver, he gave out the same as Vasant Mangilal Patel, who is PW-1 in the instant case. PW-4 thereafter introduced himself and other members of the raiding party to PW-1 and posted him with the aforesaid information regarding the demand and acceptance of the bribe money from drivers of the vehicles also further inquiring from him as to whether he would like to act and co-operate as a decoy witness in the proposed raid . On PW-1 showing his willingness to act as such a witness, five currency notes one out of which was of Rs. 20.00 and other four notes of Rs. 10.00 totalling Rs. 60.00 were produced, the numbers of which were noted down in Panchnama Exh-14. Thereafter, the person of PW-1 was searched. Usual Anthracene powder test, prior to the smearing it with currency notes and thereafter after applying the same, was carried out which was ultimately placed in the left hand side pocket of bush-shirt put on by PW-1. Thereafter, PW-4 instructed firstly, PW-1 that till the time the bribe amount was demanded, he should not touch the currency notes kept in his pocket for the said purpose, and secondly, P-2 Panch and P-3 to sit in the driver cabin of the Tempo alongwith PW-1 and to proceed ahead, from Narol towards Vishala Circle. PW-1 in particular was further specifically instructed that if any Government employee stopped his vehicle, then to stop it at once and pass on the information whatever he solicited, and on demand of bribe being made, the currency note of Rs. 20.00 smeared with Anthracene powder kept in pocket of his bush-shirt be given to him. Moment this bribe amount was accepted, he was further instructed to give signal by waving out his hand from the cabin window three times. PW-2 and PW-3 were also instructed to be by the side of the PW-1 and see and hear whatever transpired in between PW-1 and the accused demanding and accepting the bribe. This part of the proceedings was also taken down in the second part of Panchnama Exh. 14 which was completed at 11-15 A.M. duly signed by the PW-2 Panch, another Panch Sunil (not examined) and PW-4. Thereafter, PW-1 alongwith PW-2 and PW-3 sitting in cabin with him drove his vehicle towards Narol Highway which was followed by PW-4 and second Panch in another vehicle. At 11-35 A.M. when this raiding party reached Vishala Circle, the tempo was stopped by one person clad in Khaki Vardhi who after some inquiry demanded the money from PW-1 who took out the currency note of Rs. 20.00 from his pocket which was accepted by him by his right hand and placed in the right side pocket of Vardhi pant. Immediately thereafter, as instructed on getting the pre-arranged singals, the raiding party swung into action and caught hold of the person accepting the bribe amount. PW-4 introduced himself to the person who accepted the bribe amount and on inquiring about his name he gave it as Ghanshyamsinh Ranchhodsinh Vaghela. Thereafter, PW-4 on inquiring from PW- 2 Panch as to what had happened, he narrated the entire incident. Thereafter, the post-raid examination in the light of the ultra-violate lamp was carried out, wherein on seeing both the hands of Ghanshyamsinh, his fingers and thumb tips were found smeared with Anthracene powder. Not only that but the pant and the bush-shirt put on by the accused when seen in the light of ultra-violate lamp, the right hand side as well as inside of the pocket were found smeared with the Anthracene powder. Thereafter Panch-1 was directed to search Ghanshyamsinh and take out whatever was found from the pocket of the pant put on by him. During this search of accused, the currency notes of Rs. 562.00 were taken out from the left-hand side pocket, while from the rear side pocket, some coins of Rs. 7-30 Ps, and from the right side pocket Rs. 20.00 were recovered. The number on the said currency note of Rs. 20.00 was tallied with the number given in the Panchnama Exh. 14 which was found to be the same .Thereafter, on examining this currency note also in light of the ultra-violate lamp, marks of Anthracene powder were noticed on both its side. Thereafter these currency notes in question, coins and the Memo Book were seized under the Panchnama (Exh. 14). Thereafter when both the hands of PW-1 were seen in the light of ultra-violate lamp, on the tip of the right thumb, marks of Anthracene powder were noticed. After this was over, the accused was given a receipt of whatever things were seized from him. All these things were noted down in the third stage Panchnama (Exh. 14) at 15-00 P.M. drawn near Vishala Hotel, Chamunda Tea Stall. On the basis of these facts, PW-4 lodged a complaint Mark 11/1 (ought to have been given due exhibit) for the aforesaid alleged offences under the Corruption Act, against the respondent-accused on the very day. Thereafter, after the investigation was over on receipt of the sanction to prosecute, charge-sheet was filed against the accused for the alleged offence to stand trial before the Sessions Court, Ahmedabad (Rural) at Ahmedabad.

(3.) At trial accused pleaded not guilty and claimed to be tried. He also submitted his written defence at Exh. 23 wherein in substance it is his case that at the relevant time, he was serving as a police constable in traffic branch and was attached to the mobile Court. He has also admitted that on the date of the alleged raid, he had stopped tempo bearing No. GRX 5314 coming from the Narol side, and demanded papers from its driver, which since the same were not given, he had started noting down the name of the driver for issuance of the memo. It is his further case that on the said driver not complying with the direction and when he once again demanded papers and since the same were not given, he asked driver of the tempo (PW-1) "what do you want to do ?? Why don't you give name ? To this - instead of giving the same the driver while sitting in the vehicle, tried to place something on memo book in the hand whereupon he moved away. Immediately thereafter person coming from behind caught hold of him. In substance, it is his case that he has been falsely implicated ..