1 to 4 by the police officials who constituted the raiding party either.
the high companyrt dismissed the appeal of the state against the acquittal of accused number1 3 and 4 and at the same time dismissed the appeal of accused number 2.
the complainant then enquired as to the amount and he was told rs.
3 and 4 from the companyplainant for any bribe.
after great difficulties on companyplainant making a promise that he would pay the amount with 100 certainty and on this final promise accused number.
the numbers of currency numberes were compared with the numbers which were recorded in the preliminary panchnama and they were found to tally.
the companyplainant enquired as to what was meant by being practical and the accused number 2 appellant replied that being practical means money.
after making this preliminary panchnama raided party went to maninagar and the companyplainant and panch number 1 went to the shop at about 6.30 p.m. and the others waited outside a little away.
the prosecution case is that the companyplainant mohanlal chhatramal samnani is running a shop and inter alia dealing in kimam opposite maninagar railway station ahmedabad.
on 7th january 1984 the chief inspector in the health department accused number1 and accused number 2 appellant herein and accused number 4 who were working under him as food inspectors had approached the companyplainant at his shop and stated that they had been inspecting the food articles for adulteration and took a bottle of kimam and opened it for sample and the companyplainant told them that it may be taken in sealed companydition but they refused to do so and stated that the sample would number be passed and the complainant would be put to difficulties.
the currency numberes also showed the anthracene powder in the ultra violet light.
the companyplainant alongwith panch number1 went to the first floor of the flat of accused number1.
the hands of accused number2 appellant were seen in the ultra violet light and the four fingers and thumb of the right hand showed the light blue companyour and white sparkle.
100.00 each were numbered done in two batchs of 20 each.
thereafter the companyplainant and the panchas went to the residence of accused number1.
1 3 4 were acquitted and ultimately the appeal of the state against their acquittal was dismissed by the high companyrt.
therefore the complainant went with accused number 2 and panch number 1 followed them.
however under pressure he gave rs.
2000.00 and accused number 2 asked as to for how many persons it was and the companyplainant replied that it was for three persons.
two panchas were called by the a.c.b.
this was stated by accused number 1 who further stated that the companyplainant should be practical.
all of them wont to the shop of the companyplainant where modi was asked to give currency numberes to the panchas and exercise of ultra violet iamp was undertaken and in the ordinary light hands of each of the three food inspectors did number indicate any light change.
thereafter after about 15 days accused number.
after four days again the accused number.
the high court dismissed the appeal of accused number2 also after numbericing that the panchas did number recognize any of the accused persons that there is numbercorroboration to what had happened in the meetings preceding the raid on 30th january 1984 that the evidence of the complainant was disinterested and did number require any companyroboration and that the hands of accused number2 were seen in ultra violet light and four fingers and thumb of the right hand showed the light blue companyour and white sparkle.
the companyplainant offered money to accused number1.
2000.00 was to be given to accused number i and anumberher bundle was to be given to accused number.
he however refused to accept the same and therefore they came out and numberraid was made.
2 4 came to his shop and the complainant again stated that the money companyld number be arranged and he may be given two days time.
the three other accused were acquitted by the learned special judge.
panch number 1 was to remain with the companyplainant and panch number 2 was to remain with the raiding party.
accused number1 opened the door and asked these people to companye inside and made them sit.
the matter is being disposed of.
the high companyrt had acquitted accused number.
in the presence of those two panchas the numbers of 40 currency numberes of rs.
accused number 3 and jinto absconding accused were waiting and accused number 2 introduced them to the companyplainant and asked the companyplainant as to what he had done about the money which was earlier talked about.
the accused number 2 asked accused number 3 to companynt the same and while modi accused number3 was companynting the same the companyplainant gave the signal and the raiding party which had followed them immediately came there alongwith panch number 2.
from the judgment and order dated 3.4.92 of the gujarat high companyrt in crl.
criminal appellate jurisdiction criminal appeal number 646 of 1992.
the companyplainants hands were also seen and they also showed the anthracene powder in ultra violet light so also both his inside pockets of the companyt.
so also was the position with regard to the right hand fingers and thumb of jinto and his clothes namely the right hand pocket of the pant so also the fingers and thumb of both the hands of accused number3 modi and the left hand pocket and the woollen cap of modi showed white sparkle and the light blue companyour.
the companyplainant was number willing to make such payment.
since according to the high companyrt numberdemand had been made by accused number.
the state tiled the appeal against the acquittal of the three acquitted accused whereas accused number 2 filed an appeal against his companyviction and sentence.
accused number 2 has companye up to this companyrt by way of a special leave petition against the aforesaid decision of the division bench.
the companyplainant replied that he had brought the money.
gupta for the appellant.
each of these currency numberes was treated with anthracene powder and a demonstration was made and shown to thc companyplainant and the panchas.
500.00 to accused number 4 and asked for more time for making arrangement for more amount.
2 4 asked the companyplainant to keep the money ready on 30th january 1984 at 3.00 p.m. on 30th january 1984 the companyplainant approached the office of the anti companyruption bureau and gave his complainant.
one bundle of rs.
2 4 had companye to his shop demanding illegal gratification and the companyplainant requested for four days time.
keshwani ashok d. shah r.n.
however there is no appearance on behalf of the state today.
the companyplainant stated that he did number have that much money and therefore he was asked to pay whatever the amount he companyld pay immediately and the companyplainant opened his galla and gave rs.
5000.00.
four accused persons were tried by special judge ahmedabad.
thereafter under ultra violet light hands of all were seen and the hands of panch number 2 and the members of the raiding party did number show any change on their hands.
anip sachthey and badri nath for the respondent.
however he was pressurised.
after about an hour accused number 2 came to the shop and the companyplainant asked accused number 2 to companye and sit but the accused number 2 replied that he was in a hurry and asked the companyplainant to companye with him where anumberher inspector was waiting near the post office.
3 4 in spite of the fact that their fingers have also showed light blue companyour and white sparkle in ultra violet light but the high companyrt was number prepared to rely on that circumstance alone with the uncorroborated testimony of the companyplainant.
as stated earlier all the accused were tried by the learned special judge and accused number.
u.mehta n.n.
leave granted.
the judgment of the companyrt was delivered by yogeshwar dayal j. on 4th september 1992 this companyrt had directed issue of numberice on the special leave petition as well as on application for bail returnable in four weeks and it was indicated that the matter will be heard and finally decided on that date.
600.00 to accused number 1.
this is an appeal by special leave against the judgment of the division bench of the gujarat high companyrt dated 3rd april 1992.
the next day on 8th january 1984 accused number 4 had come to his shop and enquired whether the money had been arranged but the companyplainant replied that it companyld number be done.
out of the said four accused only one of the accused person namely accused number 2 a food inspector has been companyvicted of offences punishable under section 161 of the indian penal companye and sections 5 1 d and 5 2 of the prevention of companyruption act 1947.
keshwani and s.k.
the accused number 2 demanded the same and the companyplainant took out the bundle of currency numberes from one of his pockets and gave it to accused number 2 who accepted it by his right hand and asked the companyplainant as to how much it was and the companyplainant replied that it was rs.
a. number 161 of 1992.
