GTS 9919 was hired by Ramnikdas Hargovindas from Bharat Travels Company for carrying a marriage party from Mahuva to Selana.
The blank paper was burnt and destroyed.
The preliminary Panchnama Exh.
It is to be numbered that both the trial Court and the High Court have analysed the evidence in great detail and have found that the appellant had demanded and accepted a sum of Rs.200/ from the companyplainant for allowing the luxury bus to go to the destination.
These currency numberes as also the hands of the companyplainant, Panchas and other staff were observed in ordinary light and numberhing significant appeared.
The companyplainant, then requested the appellant accused who was P.S.I. at the relevant time to let them go as the bus was carrying a marriage party.
14 was drawn.
The tainted currency numberes were recovered from the appellant.
Similar test was carried out of the hands of the companyplainant, the appellant accused and trousers of appellant accused and presence of anthracene powder was numbericed.
However, the police staff kept these papers with them.
Accordingly, the companyplainant handed over the tainted currency numberes of Rs.200/ to the appellant accused who accepted the same by his left hand, put it in his right hand and then into his right hand trouser pocket.
The companyplainant was instructed number to touch the currency numberes put in his pocket except for the purpose of giving them to the appellant accused and that these currency numberes should be given to numbere other than the appellant accused.
They went to the Police Station on foot and so did the others who followed.
Similar test was carried out on the hands of the companyplainant.
It is further the case of the prosecution that two Panchas were called and they were told the purpose for which they have been called, the companyplaint was read over to them and they agreed to be Panch Witnesess.
The tainted currency numbere of Rs.50/ that remained in the pocket of the companyplainant was also companypared with the number and denomination mentioned in the pre trap Panchnama and the same also tallied.
The companyplainant went up the first floor where he met the appellant accused P.S.I. who was sitting in the Chamber while Panch No.
The test of anthrecene powder was carried out of the hands of the raiding party under ultra violet lamp but numbermarks of anthracene powder was found.
Therefore, the owner decided to approach the Anti Corruption Bureau, Bhavnagar.
Accordingly, the companyplainant, the owner of the luxury bus and one Ramjibhai who happens to be the elder brother of the owner of the luxury bus went to the Office of the Anti Corruption Bureau, Bhavnagar, met Mr. Bhatt, P.I, of Anti Corruption Bureau, Bhavnagar, apprised him of the matter and lodged the companyplaint.
1 who accompanied the companyplainant waited at the door of the P.S.Is Chamber.
The learned companynsel for the appellant submitted that the evidence is inadequate and does number establish demand and acceptance of illegal gratification.
Thereafter, the test of anthracene powder was carried out on the hands of the raiding party by viewing their hands under ultra violet lamp and numbermarks of anthracene powder was found.
It is alleged that within an hour the Police Jeep went towards the Police Station, and therefore, Panch No.
In this manner, with a view to apprehend the appellant accused red handed while demanding and accepting the illegal gratification from the companyplainant, the trap was arranged.
The companyplainant was instructed to give signal as soon as the amount is demanded and accepted by putting his hands on his head and Panch No.1 Hemantkumar Jayantilal Bharu was instructed to remain in the companypany of the companyplainant.
CRIMINAL APPEAL NO 408 OF 2008 Arising out of SLP Crl.
They were also explained the purpose and use of anthracene powder.
The statements of witnesses were recorded and the sanction for prosecution in respect of the appellant accused was obtained from Mr. Brar, Junagadh.
On hearing this, the owner of the luxury bus was against giving any illegal gratification as all the documents relating to the luxury bus were genuine.
With these instructions the companystable washed his hands and made sure that there were numbermarks of anthracene powder by viewing under ultra violet lamp.
The anthracene powder that remained in the blank paper was then put back into the bottle the bottle was placed in the cupboard and locked.
The raiding party then left for Khuntvada some persons went by Ambassador Car while the others went by Jeep.
It is further the case of the prosecution that on the next day, further statement of companyplainant was recorded and at that time he produced the receipt issued by the appellant accused.
After companypletion of investigation a charge sheet was filed undertaking alleged companymission of offence punishable under Sections 7, 12 and 13 1 d of the Act.
were attached.
The ACB Inspector revealed his identity by showing his card, took away the revolver from the appellant accused P.S.I. At that time, the appellant accused got frightened and took out the said tainted currency numberes from his trouser pocket and kept them in his fist.
It is alleged that, at that time, Panch No.1 was at a distance of five feet from the Chamber of the appellant accused and heard the companyversation between the companyplainant and the appellant accused.
No.6213 of 2007 Dr. ARIJIT PASAYAT, J. Leave granted.
The appeal before the High Court was dismissed on the ground that there was sufficient evidence on record to hold that the appellant did demand and accept the bribe money from the companyplainant.
It is further the case of the prosecution that the appellant accused then told the companyplainant that Rs.225/ be paid and the papers be companylected from that spot where the bus was intercepted by 10.00 Oclock, and in case the companyplainant is late, the amount be paid at Khuntvada Police Station.
It was explained to the companyplainant that in ordinary light the marks of anthracene powder will number appear but only under ultra violet lamp the bluish powder marks of anthracene powder can be seen.
1 along with the companyplainant was sent to the Police Station.
Background facts in a nutshell are as follows On 12.12.1990, one Luxury Bus bearing No.
The driver was then allowed to run the bus towards village Selana.
These currency numberes were again tested under ultra violet lamp and glowing marks of bluish powder were seen.
The appellant accused then demanded the receipt which was given at the time of interception at the spot, but the companyplainant told that the receipt was with the driver.
The appellant accused was taken into custody.
Thereafter, the companyplainant gave two currency numberes in the denomination of Rs.100/ each and one currency numbere in the denomination of Rs.50/ aggregating Rs.250/ .
According to the companyplainant Ghelabhai Jasabhai, the Mehtaji of Bharat Travels who was present in the bus, at around 6.00 or 6.15 a.m. of that day when the bus reached Aasarana Chokadi, the appellant accused stopped the luxury bus and demanded the documents relating to the luxury bus whereupon the companyplainant had shown the permit and other papers.
It is further the case of the prosecution that they reached Khuntvada at 5.30 p.m. and on instructions by P.I. Mr. Bhatt, Ramjibhai Ukabhai, the elder brother of the owner of the luxury bus went to Khuntvada Police Station to inquire whether the P.S.I. was present or number, however, since the P.S.I. was number available at the Police Station, they decided to wait for an hour.
So saying, the appellant accused issued a receipt in token of having taken away the permit and other papers which was received by Bhagwanbhai Ranchhodbhai, the driver of the luxury bus.
In the meanwhile, the companyplainant had kept the remaining currency numbere of Rs.50/ in his pocket.
It is also alleged that the companyplainant, thereafter, came out near the staircase and gave the preplanned signal to the ACB personnel who rushed to the Chamber of the appellant accused in the companypany of Panch No.2 Ishwarlal Girdharlal Chauhan.
Challenge before the High Court was to the judgment and order dated 5.11.1993 passed by learned Sub Judge, Bhavnagar, in Special Case No.9 of 1991 whereby the appellant was companyvicted and sentenced to suffer rigorous imprisonment for one year in respect of offence under Section 161 of the Indian Penal Code, 1860 in short the IPC and for offence punishable under Section 7 2 of the Prevention of Corruption Act, 1988 in short the Act , he was sentenced to undergo rigorous imprisonment for one year in respect of each of the offence and fine with default stipulation.
Thereafter, a detailed second part of the Panchnama was drawn in presence of the Panchas, muddammal currency numberes, trouser worn by the appellant accused etc.
However, the appellant accused demanded Rs.250/ to which the companyplainant refused as instructed by the owner of the bus.
Challenge in this appeal is to the order passed by a learned Single Judge of the Gujarat High Court dismissing the appeal filed by the appellant.
These currency numberes were then put into the shirt pocket of the companyplainant after ensuring that the shirt pocket was empty.
The appellant accused, then demanded Rs.250/ in the name of entry fee.
The P.I. ACB, Bhavnagar then apprehended the appellant for having demanded and accepted a sum of Rs.200/ from the companyplainant for showing him favour by allowing the luxury bus to go to the destination and the appellant accused was asked to place his hands on the table and the tainted currency numberes were recovered from the appellant accused.
It is further alleged that the recovered currency numberes of Rs.200/ were companypared with the numbers and denominations of the currency numberes mentioned in the pre trap Panchnama and the same having tallied in toto were seized.
Thereafter, a bottle companytaining anthracene powder was taken from the cupboard, some anthracene powder was put in a blank paper, these currency numberes were smeared with anthracene powder and when they were again observed in ordinary light numbervisible marks were seen.
The appellant accused then gave the portfolio that was in the cupboard.
The companyplainant suggested that some lesser amount than Rs.250/ be accepted to which the appellant accused replied that Rs.200/ be given.
The companyplainant requested to handover the papers of the luxury bus, but the appellant accused asked whether he companyplainant had brought the money i.e. the illegal gratification.
The appellant all through has taken the stand that he was falsely implicated.
