ORDER

This appeal by special leave puts in issue an order of acquittal dated 2th March, 1989 recorded by the High Court of Allahabad in Criminal Appeal No. 2461 of 1984.

2. According to the prosecution case, respondent Jagdish Singh Malhotra was posted as Regional Inspector (Technical) in the Office of the Regional Transport Officer, Kathgodam, Nainital, in the year 1981. The prime mover Shri Shyam Sunder, PW-6 is owner of a number of Matador taxis. It is alleged that he wanted to obtain a fitness certificate for his Matador Vehicle No. PJQ-3455 and met the respondent in that connection. The respondent demanded a sum of Rs. 1,000/- from him as bribe for giving the fitness certificate.

3. It is alleged that PW-6 raised an amount of Rs.1,000/- and made a written complaint to the Vigilance Department, Nainital against the demand of bribe by the respondent. On 14th August, 1981, PW-6, accompanied by Lakhpat Rai PW-5 and Dharam Shiel (not examined) went to the Office of the Deputy Superintendent of Police (Vigilance), Nainital, who directed them to meet Inspector B.D. Thapliyal to organise a raid. They followed the advice and met Shri Thapliyal. They produced currency notes of Rs.1,000/-