STATE OF MAHARASHTRA THROUGH DEPUTY SUPERINTENDENT OF POLICE ANTICORRUPTION BUREAU Vs. NARENDRA PRALHADRAO MAHAJAN

JUDGEMENT

(1.) The appeal is directed against the Judgment and order dated 20/12/2007 passed by Learned Special judge, Chandrapur in Special Case No. 1 of 2002 whereby the respondent/accused was acquitted of offences punishable under Sections 7,13(1) (d) read with Section 13(2) of the Prevention of Corruption Act, 1988.

(2.) Facts stated are:

(3.) On 20.7.2001 complainant contacted the Office of Anti corruption Bureau, Chandrapur. His complaint was reduced into writing. The Dy Superintendent of Police then sent special report to the District Judge seeking permission for laying trap in the court premises. The permission was granted. Thereafter he summoned two employees from the Office of Minor Irrigation, Chandrapur to act as panch witnesses. One Pradeep Wanyalkar and Tadse were deputed from the said office to act as panchas. On 21.7.2001 complainant and said witnesses attended the office of ACB. Complainant was introduced to the pancha witnesses. The demonstration about the characteristic of phenolphthalein powder and sodium carbonate solution was given. The complainant produced two currency notes of 50 rupees denomination. The series numbers were noted down. These currency notes were smeared with phenolphthalein powder and the currency notes were folded and kept in the right side pant pocket of the complainant. He was instructed not to touch the marked currency notes unless demanded as a bribe and on acceptance he should give signal to the raiding party by removing his spects. Similarly, witness Wanyalkar was instructed to accompany the complainant and to watch the events carefully. Another panch witness Tadse was instructed to accompany with the raiding party members. Pre trap panchanama was accordingly drawn.