( 1 ) "whether in a running-trap of the Corruption case, wherein the complainant whose services came to be requisitioned as a decoy-witness and is found to be hostile to the prosecution, can the trial Court still under the circumstances on the basis of evidence of the Panch-Witness and that of p. I. of the raiding party record the order of conviction sentencing the accused under Sec. 161 of I. P. C. and Secs. 5 (l) (d) and 5 (2) of the Prevention of corruption Act, 1947 ?" This in short is the question which we have been called upon to answer in this Appeal, at the admission stage.

( 2 ) IN order to appreciate the question raised above, few relevant facts may briefly be narrated. Accordingly, the prosecution case as it gets unfolded from the evidence of P. I. , Anti-Corruption Bureau Mr. G. K. Desai (PW- 3, Exh. 20) is to the effect that on 23-5-1988, he received the information that some of the local police constables, traffic police, forest officers and officers of. R. T. O. department were illegally collecting money in the name of "entry Fees" from the truck drivers plying their vehicles on the highway and passing by Bhagpura, Kuha, Kunjad and Narol Circle. Acting on this tip-off, P. I.-Mr. Desai decided to arrange the trap and in the process, on 24-5-1988 requisitioned the services of two panch Witnesses, viz. , (1) Nilesh Chandrashankar Joshi (PW-1, Exh. 13), and (2) Pravinbhai Gineshbhai Patel (not examined ). Thereafter, he alongwith the aforesaid two panch witnesses and other police personnel at 3-00 a. m, started from Ahmedabad and went to Kathlal, where at about 5-00 a. m. on seeing the Truck No. GRQ 6911 coming, stopped it and informed its driver-Anvarhusen Rasulmiya (PW-2, Exh. 19) about the running-trap in question and further inquired as to whether he was ready and willing to co-operate in the said trap, working as decoy-witness ? On getting the favourable reply in affirmative, he was further asked to give Rs. 100/ - for the trap-business, which he readily gave by taking out nine currency notes of Rs. 10. 00 denomination and two currency notes of Rs. 5. 00 denomination from his pocket. Thereafter in process of recording the firstpart of the Panchnama, the number of the said currency were noted down, and after the usual anthracene powder test was carried out, the same were placed in the right-hand side pocket of the bush-shirt of the truck-driver anvarhusen. After this formality was over, truck driver Anverhusen was further instructed not to touch the said currency notes till the time occasion arose to give the bribe amount to the person so demanding it. Panch nilesh Joshi was also instructed to sit in the drivers cabin by the side of driver Anvarhusen and to see and hear whatever transpired between the driver and the person demanding the money and thereafter to give signal to P. I. Mr. Desai. This part of the story was recorded in the first part of the Panchnama Exh 14. After this was over, the truck was given green signal to proceed ahead, followed at some distance by P. I. Mr. Desai in the jeep with other members of the raiding party. At about 6-50 a. m. , when the said truck driven by driver-Anvarhusen reached Odhav Octroi gate, they found one mobile police van, surrounded by four police constables, standing on the left side of the road. Out of these four police constables, three were in their uniform, while one was found to be in civilian dress. Out of the said four constables, two constables in uniform signalled that truck to halt by pounding their sticks on the road. Thereupon driver- anvarhusen stopped his truck on the side. Immediately, one police constable came near the truck and asked to open the door where Panch Nilesh joshi was sitting, which was opened by Nilesh himself. Thereafter, the said police constable demanded Rs. 10. 00 from the driver Anvarhusen, whereupon the driver took out the said currency note of Rs. 10. 00 from his right-hand side pocket of his bush-shirt and gave it to the s