State Of Maharashtra VS Dhanpal Dadu Kamble

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

PRAKASH D. NAIK
State Of Maharashtra – Appellant
Versus
Dhanpal Dadu Kamble – Respondent

Advocates Appeared:
S.H. Yadav, APP, for the Appellant; Anand S. Patil, Advocate, for the Respondent

JUDGMENT

P.D. Naik, J. - This is an appeal preferred by the State of Maharashtra challenging the judgment and order dated 30th April, 2013, passed by Special Judge, Ichalkaranji, District-Kolhapur, in Special Case No. 2 of 2006. The respondent was acquitted of the offence under Sections 7 and 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988 ('PC Act', for short).

2. The case of the prosecution is as follows:

(a) The complainant was conducting business of selling Tobacco and Gutkha in village Mankapur, Taluka Chikodi, District-Belgaum. On 13th May, 2005, one Amit Jawahar Shah, resident of Ichalkaranji purchased Gutkha worth Rs. 9,000/- from the complainant in Mankapur and was carrying the same to Sangli for sale. He was caught while in possession of Gutkha by Sangli Octroi Naka. Thereafter Amit Shah called the complainant disclosing the said fact and asked him to come at Octroi Naka, Sangli to settle the matter. The complainant told him that there is ban in State of Maharashtra on Gutka, and, he has purchased it at Mankapur, Karnataka State. He is not responsible for action against him.

(b) On 14th May, 2005, Shah gave call to the complainant and threatened him tha

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