MANILAL NAGARDAS PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both these appeals arise out of an order of conviction that came to be passed against both the accused in Sessions Case No.78 of 1989. The learned Judge by his order dated 25-10-1991 has convicted both the accused for offence under Sec. 161 of the Indian Penal Code and Sec. 5(1) (d) (ii)of the Prevention of Corruption Act, 1947. On the date of the incident, the old Act was in force.

(2.) The incident occurred on 6-2-1988. A general complaint was received by Anti-Corruption Bureau of the State more particularly in Ahmedabad that at different Octroi Check-posts of the Municipal Corporation of the City of Ahmedabad, Octroi staff is in the habit of collecting extra money from driver etc. of vehicles for entry to the city limit on the pretext of getting their case cleared earlier.

(3.) With this position in mind, the ACB staff proceeded to lay a trap in the instant case at Chilloda Check-post. This is confirmed by the Investigating Officer Shri Yadav in his deposition at page 151 of P.W.2, Exh.17. Of the several check- posts, they decided to go to that post in a passenger metador bearing registration No.GBN 338. They reached the place and waited there for a vehicle to enter the city limit.