STATE OF GUJARAT Vs. TAJBHAI KARIMBHAI

JUDGEMENT

(1.) The State of Gujarat has filed this appeal against the judgment and order dated 5/07/1986 passed by the Special Judge, Junagadh in Spl. Case No. 1 of 1984 acquitting the respondent-accused of all the charges under Sec. 161 of the Indian Penal Code and Secs. 5(1 )(d) and 5(2) of the Prevention of Corruption Act, 1947 (hereinafter referred to as the "1947 Act").

(2.) The respondent-accused was Electricity Duty Inspector at Junagadh at the relevant time. The original complainant one Devjibhai Jatkiya owned one cotton processing factory in the name of M/s. Patel Cotton Processing Company in partnership. He had in his factory high tension electric supply from Electricity Board. On consumption of electric energy tax is levied by the Board at different rates. As Government had changed rate in taxes, to have the benefit thereof he had applied on 26/11/1983 to Collector, Electricity Duty, Ahmedabad who in his turn had sent that application to Junagadh Electricity Duty Inspector for verification thereof. According to him, his application for verification had come to accused who was Electrical Inspector at the relevant time. Accused had called him in person and was informed that he will come to his factory for local inspection. As accused did not turn up to visit his factory, he again went to accused some eight days before filing of the complaint where he was told by accused that he shall have to understand the usual practice. On inquiry by him as to what is the usual practice, he was told that he shall have to pay Rs. 1000.00, on his say that it is a very big amount and that it should be reduced accused told him to pay Rs. 500.00, otherwise his application may not be processed further. On inquiry as to when and where he should see him again, he was told that he is at his residence in the afternoon of 5/03/1984 and he may come between 6-00 to 7-00 p.m. He was asked to bring Rs. 500.00 and also supply the number of his meters. He was again told that his application will be processed thereafter. Based on these facts the complaint was recorded. Necessary formality of calling Panchas, explaining them the complaint, smearing the currency notes with anthracene powder, demonstrating how the anthracene powder can be seen through ultra-violet lamp, where to place the said currency notes, when to give it, who of the Panchas should accompany the complainant and who should remain with the police were all understood and necessary demonstration of anthracene powder was performed and after drawing preliminary Panchnama, they left for the house of the accused. Initially, it appears that it was arranged that the complainant will move in his car and police personnel with others will move in police vehicle. However, as police vehicle was not available all had gone in the vehicle of the complainant. When they reached near Balochwad Police Chowky, they stopped. The driver of the complainant was sent to inquire at the house of accused to inquire but he returned as accused was not available at home. Again the driver was sent by about 8 O'clock at the house of accused with instruction to call the accused as the complainant is in the car as he is not well. The driver returned in company of accused at the car. Accused sat in the car. On receiving the agreed signal, Investigating Officer (I. 0. for short) Shri Desai raided the car and caught the accused and the currency notes were found from his pocket. Thereafter, other formalities as to demonstration of ultra-violet lamp, seizure of cloth and vehicles smeared with anthracene powder was completed. On completion of investigation, accused was charge-sheeted before the Special Judge, Junagadh.

(3.) On the charge-sheet being submitted, charge under Sec. 161 of the Indian Penal Code and Sec. 5(1 )(d) punishable under Sec. 5(2) of the "1947 Act" was framed to which accused pleaded not guilty and claimed to be tried. To prove the charge levelled against the accused, prosecution examined complainant-Devjibhai PW 1, one of the Panchas Vrandawan Tribhovan PW 2, ultra-violet lamp operator Mansukhlal Ramji PW 3 and Investigating Officer-Janardhan Desai PW 4. The prosecution evidence being over, further plea of the accused was recorded. Accused also filed a written explanation. From the plea of defence, more particularly, the written statement, his defence is to the following effect : "That he had gone to the car of the complainant where he was informed by the complainant that he had applied for relief in Electricity Duty. He has brought the meter numbers of his factory at Manavadar. He requested to help him as far as he can. On saying so, he (complainant) gave me copy of the application along with a paper bearing numbers of the electric meters which he took as folded they were, and without either seeing it or reading it he put it in the pocket of his bush-shirt. Immediately thereafter, he was raided and he was taken to Balochwad Police Chowky and then to Mandvi Police Chowky where his bush-shirt was seized." According to the accused, complainant Devjibhai has cheated him and by falsely representing that the papers are copy of application and a note of numbers of electric meters, has passed off the currency note covered under those papers which he knew later on. According to him, if he would have known that the said folded paper contained the currency notes, he would not' have accepted the same. The learned Special Judge after appreciating the evidence and the defence, has come to the conclusion that the prime requirements of demand to be proved by the prosecution is not proved, and therefore, the whole case of the prosecution fails. He has given number of reasons for not accepting the evidence of the complainant and other witnesses and recorded the order of acquittal. This order or" acquittal is under challenge in this appeal by the State.