( 1 ) THIS appeal by the State of Gujarat is directed against the impugned judgment and order dated 6-5-1994, rendered in Special Case No. 4 of 1993 passed by the learned Special Judge, Ahmedabad (Rural), wherein the respondent-Ghanshyamsinh Ranchhodsinh Vaghela, on his coming to be tried for the alleged offence punishable under Secs. 13 (1) (d), (i), (ii), (iii) and 13 (2) of the prevention of Corruption Act, 1988, was at the end of the trial ordered to be acquitted.

( 2 ) ACCORDING to the prosecution, PW-4 Virsinh Ambaliyar, P. I. , A. C. B. , ahmedabad, on 9-11-1989 received information that near Narol Highway Road, local police, traffic police, police attached to the Mobile Court and Forest Officers were demanding and accepting the bribes on one pretext or the other from the drivers of the vehicles passing to and fro. On the basis of this information, PW-4 requisitioned services of two Panch witnesses, viz. , PW-2 Mahendra Naranbhai, and sunil Manubhai (not examined) employees serving in R. T. O. , and on their appearing before him on 10-1-1989 at 8-15 A. M. in A. C. B. office, they were posted with the aforesaid information and were instructed to accompany him to Narol Highway to lie on wait for passing vehicles. The first part of this proceeding was taken down in the Panchnama Exh. 14 drawn at the Shahibaug office of the A. C. B. which was completed at 9-15 A. M. This in turn was duly signed by the said two Panchas and pw-4 P. I.-A. C. B. Thereafter the raiding party consisting of two Panchas, PW-3 bhalchandra Patil, H. C. , A. C. B. , lead by PW-4 in a Government vehicle proceeded towards the Narol National Highway No. 8. At about 10-00 A. M. one Tempo bearing no. GRX-5314 came from Naroda side which was stopped and on inquiring the name of its driver, he gave out the same as Vasant Mangilal Patel, who is PW-1 in the instant case. PW-4 thereafter introduced himself and other members of the raiding party to PW-1 and posted him with the aforesaid information regarding the demand and acceptance of the bribe money from drivers of the vehicles also further inquiring from him as to whether he would like to act and co-operate as a decoy witness in the proposed raid. On PW-1 showing his willingness to act as such a witness, five currency notes one out of which was of Rs. 20. 00 and other four notes of Rs. 10. 00 totalling Rs. 60. 00 were produced, the numbers of which were noted down in panchnama Exh-14. Thereafter, the person of PW-1 was searched. Usual Anthracene powder test, prior to the smearing it with currency notes and thereafter after applying the same, was carried out which was ultimately placed in the left hand side pocket of bush-shirt put on by PW-1. Thereafter, PW-4 instructed firstly, PW-1 that till the time the bribe amount was demanded, he should not touch the currency notes kept in his pocket for the said purpose, and secondly, P-2 Panch and P-3 to sit in the driver cabin of the Tempo alongwith PW-1 and to proceed ahead, from Narol towards Vishala Circle. PW-1 in particular was further specifically instructed that if any Government employee stopped his vehicle, then to stop it at once and pass on the information whatever he solicited, and on demand of bribe being made, the currency note of Rs. 20. 00 smeared with Anthracene powder kept in pocket of his bush-shirt be given to him. Moment this bribe amount was accepted, he was further instructed to give signal by waving out his hand from the cabin window three times. PW-2 and PW-3 were also instructed to be by the side of the pw-1 and see and hear whatever transpired in between PW-1 and the accused demanding and accepting the bribe. This part of the proceedings was also taken down in the second part of Panchnama Exh. 14 which was completed at 11-15 a. M. duly signed by the PW-2 Panch, another Panch Sunil (not examined) and pw-4. Thereafter, PW-1 alongwith PW-2 and PW-3 sitting in cabin with him drove his vehicle towards Narol Highway which was fol