R.P. Dholaria, J.

1. The appellant has preferred the present appeal under section 374 of the Code of Criminal Procedure, 1973 against the judgment and order of conviction dated 28.7.2004 rendered by learned Special Judge, 4th Fast Track Court, Surat in Special Case No. 13 of 1992.

2. The short facts giving rise to the present appeal are that the complainant - Police Inspector received information that police personnel of traffic branch of Surat city, local police and the employees of octroi department of Municipal Corporation are collecting the amount illegal in the name of entry fee and on the basis of the same, he arranged for the trap wherein the appellant accused caught red handed along with the tainted currency notes. Therefore, the complainant lodged the complaint against the appellant accused.

3. In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the charge-sheet against the appellant accused. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried.

3.1 In order to bring home the guilt, the prosecution has examined witnesses and also produced documentary evidences.

3.2