( 1 ) THIS is an appeal by one Naginlal Nandlal who was convicted by the learned Sessions Judge Surat under sec. 161 Indian Penal Code and under sec. 5 (2) of the Prevention of Corruption Act. The learned Judge acquitted accused No. 2.

( 2 ) THE prosecution case was that the complainant Ratilal Somabhai used to deal in illicit liquor and used to give bribes generally to the members of the police force. It is also alleged that after some time the complainant stopped dealing in illicit liquor and that the two police constables who were accused Nos. 1 and 2 at the trial made a demand from him for the payment of Rs. 25/as bribe. As the complainant had stopped his dealing in illicit liquor he went and gave information to the P. S. I. Mansuri of the Anti-Corruption Department who recorded his information on 31-1-60. On 1-2-60. P. S. I. Mansuri made a report to the Judicial Magistrate First Class Surat and asked for permission to investigate as such a permission was necessary under sec. 5 (A) of the Prevention of Corruption Act. The Magistrate gave the sanction under sec. 5 (A) of the Prevention of Corruption Act.

( 3 ) AT the trial the prosecution relied on the evidence of