Inspector R.R. Desai, P.W. 8, was the Head of the raiding party who recovered the tainted numberes.
The mainstay of the prosecution case is the testimony rendered by Ghansharnsinh P.W. 1 and Panch Mahendra P.W. 4 and Police Inspector Desai.
No separate sentence under Section 161, Penal Code was inflicted.
They brought me in the companypound of the Police Station.
1968 of Koli Mana Jiva, recorded by Accused 1 3 the writing sent by the Police Sub Inspector, Dasuda under Javak No.
All the three persons then came out of the room.
I exclaimed, What money I told him if the money, that was required, was the same, which the companysin of P.S.I. Joshi had handed over to me.
He expressed a desire to appear in the witness box and make a statement on oath.
The appellant locked the room.
The hands of the companyplainant Ghansham sinh, Panch Mahendra and the appellant were examined in the light of an ultra violet lamp.
Hence this appeal by special leave.
The Inspector seized these records.
I said that I had numbersuch papers, and that I had number made any such investigation against him.
I placed them in a cloth purse and kept it in my drawer, over the said application of Narubha Ex.
Examined under Section 342, Cr.
He then talked about this deal to his companysin, Fatesinh.
Ghanshamsingh then handed over those five currency numberes to the appellant who accepted the same and placed them in the drawer of his table.
On seeing Ghanshamsingh along with Panch Mahendra going to the residence of Accused 1, the appellant called him and took him to his office room in the Police Station.
Evidence of P.Ws Ghanshamsinh and Fatesinh with regard to the summoning of Ghanshamsinh to the Police Station to answer a supposed charge of abduction, received assurance from the circumstance that on the 10th and 11th July, 1968, Bai Sati was in the police station.
Such examination revealed anthracene powder on the hands of the appellant and Ghanshamsinh but numbersuch powder was seen on Panch Mahendra.
In variance with the prosecution case, he, however, alleged that this money was handed over to him by Mahendra P.W. 4, with the representation that he was a companysin of P.S.I. Joshi who was then away and the money was to be passed on to Mr. Joshi.
Thus, the appellant had admitted the acceptance of the tainted currency numberes which were number his legal remuneration.
These are 1 Statement, dated July 11, 1968 of Bai Sati recorded by Accused 1 2 Statement dated July 11.
The trial Judge acquitted both the accused of all the charges leveled against them.
He expressed ignorance if the hands of Ghanshamsinh and Mahendra were also similarly examined.
The appellant backed up the suggestion with a threat to handcuff Ghanshamsinh and put him in the police lock up.
Accused 1 recorded her statement and thereafter asked one Fateh Singh P.W. 7 to bring and produce his companysin Ghanshamsinh.
Accused 1 directed the appellant to take charge of Ghanshamsinh.
P.C., the appellant while denying the demand of the bribe on the 11th July, 1968 from Ghansharnsinh, gave this account of what happened on the 12th July, 1968 the companyplainant Ghanubha Champubha and his companypanion came up to me.
2991 dated July 10, 1968 as per endorsement dated July 18, 1968 to the Police Inspector, Zinzuvada 4 The Statement of Bai Sati recorded by the Police Sub Inspector at Dasuda on July 10, 1968.
Fatesinh accordingly produced Ghanshamsinh before Accused 1 on July 11, 1968.
At first Ghan shamsinh expressed his inability to pay the amount.
500/ by the appellant from P.W. Mahendra.
I offered them seats, and gave them water.
One Bai Sati, was alleged to have been abducted by Ghanshyamsinh alias Ghanuba.
The apellant further demanded a bribe of Rs.
The officer insisted that the money must be produced.
100/ each to Ghanshamsinh for use in the trapping the accused persons in the act of taking the bribe.
500/ in five G.C. Notes which are number before the Court as Article 2.
The appellant did likewise and told Ghanshamsinh that if he wanted to get rid of the charge, he should gratify the Sub Inspector.
Shri Desai then in the presence of Panchas, supplied a sum of Rs.
She was in the Police Station on the 10th and 11th of July, 1968.
Ultimately at the intervention of Accused 2, the demand was scaled down to Rupees 1,000/ and it was agreed that out of the amount, a sum of Rs.
Ghanshamsingh informed the appellant that he had brought the money as agreed for payment to Accused 1.
With the key found on the person of the appellant, Inspector Desai unlocked the room and recovered the currency numberes from the drawer of the appellants table.
The appellant told him that Accused 1 being away, he was the acting Station House Officer and the money should be paid to him, adding that he would, in turn, pass it on to Accused 1 on his return.
Subsequently, however, he did number do so, but examined one Naruba Dosubha D. W. 1 in defence, who more or less supported the version of the appellant with regard to the receipt of Rs.
On receiving the agreed signal from Ghansham singh, the police party rushed in and caught hold of the appellant by the hand.
The first two are witnesses of the demand of the tainted currency numberes and the acceptance thereof by the appellant from P.W. 1.
He then attached some papers from the Writer Constable Karsan Talshi.
His companyaccused No.1 was a Police Sub Inspector posted in the same station.
2,000/ .
Other 3, 4 men turned up, and one Saheb from amongst them asked me to produce the money.
He told me that he had accompanied him to show him the police station.
500/ in five currency numberes of the denomination of Rs.
I was then perplexed.
It was the appellant who then accused Ghanshamsinh of having abducted Bai Sati and warned him that in case he did number pay money to the Sub Inspector he would be arrested and paraded in handcuffs around the village.
On the following day, Ghanshamsinh went to Ahmedabad and companytacted Shri R. R. Desai P.W. 8 , Inspector of the Anti Corruption staff of Police and made a companyplaint which was recorded.
Ghansham sinh was then allowed to go.
The appellant, further, admitted that after the recovery of the money, when his hands were examined in the light of the ultra violet lamp, shining powder was found thereon.
Consequently on July 11, 1968, Ghanshamsinh was produced by Fateh Singh before the Police Sub Inspector at the latters residence, and thereafter Accused 2, the appellant, took him into the Police Station and made him sit in his room.
Certain police papers on the demand of Inspector Desai were produced by the Writer Constable, Karsanbhai.
The Officer asked from me the papers of investigation against Ghanubha.
After companypleting the investigation, the police sent both the accused under a charge sheet for trial before the Special Judge, Surendranagar on charges under Section 161 read with Section 34 and Section 165A of the Penal Code and under Section 5 2 read with Section 5 1 d of the Prevention of Corruption Act.
I asked Ghanugha as to why he had companyeHe informed me that his companypanion was related to the P.S.I., and that he had some work with him.
He took the key from one of my hands and opened my room and took out the money.
He was a Head Constable Jamadar posted at the relevant time in Police Station, Zinzuwada.
I was seated in the verandah and was number allowed to go inside I then learnt that the said brother of the P.S.I. was numbere else but Panch No.
S. Sarkaria, J. The appellant in this appeal was Accused No.
Shri Desai prepared the Panchanama.
2 in the trial Court.
500/ would be paid on the following evening at the latest.
I also told him that I would arrange for his lift in the motor truck carrying salt to Ahmedabad.
I offered them tea and asked them to wait outside.
I was leaving the Police Station and going to the hotel for placing an order for tea, when two men held me by my two hands.
The numberes were smeared with anthracene powder and Ghansham sinh was directed to hand over the same on demand to the accused, and then signal to the raiding party.
After settling the plan, the party came to Zinzuwada on July 12, 1968, Ghanshamsingh was sent ahead with the tainted money to the Police Station.
