THE STATE OF GUJARAT Vs. CHANDRASHEKHAR SHARAN BASAPPA

JUDGEMENT

(1.) This is an appeal preferred by the State of Gujarat under section 378 (3) of the Criminal Procedure Code, 1973 against the judgment and order of acquittal dated 29/12/2005 recorded by the learned Special Judge, 3rd Fast Track Court, Valsad in Special Corruption Case No.25 of 2002 (old no.4 of 1998) whereby the learned Special Judge acquitted the respondent-accused, of the charges for the offence punishable under Sections 7, 13(1)(d) read with section 13(2) of the Prevention of Corruption Act, 1988.

(2.) Brief facts of the case are that the respondent-accused was performing his duty as Sales Tax Inspector at Sales Tax Check Post, Bhilad, District Valsad at the relevant time. At that time, the complainant Shri Alkesh Kashiram Patel was planning to start a business of Rubber Stamp, hence he brought the machines from Bombay by paying 13% sales tax and at that time the accused stopped a Tempo bearing registration No.MH-4S-3970 in which the machine was brought from Bombay and demanded Rs. 26,000/- as penalty and after negotiation, the accused assured to release the said tempo by paying of Rs. 5,000/- as bribe. Thereafter, the complainant told him that he had no money. Therefore, the accused said that on 01/09/1997 at Bhilad Check Post, the complainant should give Rs. 5,000/- to the officer who would be present there and they will release the complainant's machinery. As the complainant did not want to give such bribe, he approached the A.C.B. Police Station, Valsad. On the basis of the complaint, a trap was arranged. The trap was made successful and thereby the offence punishable under Sections 7, 13(1)(d) and Section 13(2) of the provisions of the Prevention of Corruption Act, 1988 came to be registered against the accused.

(3.) Necessary investigation was carried out and statement of several witnesses were recorded. During the course of investigation, the respondent-accused was arrested and, ultimately, charge-sheet was filed and submitted the same before the Special Court, Valsad where the case was registered as Special Corruption Case No.25 of 2002. The trial was initiated against the respondent-accused.