STATE OF GUJARAT Vs. VIKRAMBHAI KANJIBHAI PARMAR

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 23/05/2005 recorded by the learned Special Judge, 6th Fast Track Court, Sabarkantha, at Himmatnagar in Special Case No.8 of 1998 and Special Case No.7 of 1999 whereby the learned Trial Judge acquitted the respondents-accused, of the charges for the offence punishable under Sections 7, 12, 13(2) read with Section 13(1)(d), 1, 2, 3 of the Prevention of Corruption Act, 1988.

(2.) Brief facts of the case are that Mr. H. R. Puvar, complainant was serving as Police Inspector in ACB, Ahmedabad. He received a secret information from his reliable sources that the RTO officials posted at Shamlaji out post which is situated at the boundary of Rajasthan and Gujarat State used to collect illegal gratification of Rs.20/- to Rs.300/- from the passers of vehicles while checking for violation of provisions of the Motor Vehicles Act as well as for overloading the goods vehicles and for not taking any legal action against them. Even the police officials and the traffic police and local police are also indulging in such sort of corrupt practice. Consequently, therefore, he planned for laying a running trap. In pursuance thereof, in the night of 10/05/1996, he found out the driver of truck bearing registration no.RJ-9-G-372 as a decoy for catching the corrupt officials and laying the trap on 11/05/1996 during nocturnal hours. At that time, respondent no.1, by way of raising signal, demanded an amount of illegal gratification and respondent no.2 accepted a sum of Rs.200/- treated with anthracene powder. Thereafter, raiding party members came there and detail search and seizure was carried out and the accused came to be caught red handed along with the tainted currency notes and thereafter detail investigation was carried out by Mr. D. L. Dodia and he filed the charge sheet. Accordingly, offence punishable under Sections 7, 12, 13(2) read with Section 13(1)(d), 1, 2, 3 of the Prevention of Corruption Act, 1988 was registered against the respondents-accused.

(3.) Necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, the respondents were arrested and, ultimately, charge-sheet was filed and submitted the same before the learned Special Judge, 6th Fast Track Court, Sabarkantha, Himmatnagar where the case was registered as Special Case No.7 of 1999 and Special Case No.8 of 1998. The trial was initiated against the respondents.