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2023 Supreme(Guj) 227

A. Y. KOGJE
State of Gujarat – Appellant
Versus
Unni Ikal Kunjiraman – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Krina Calla, APP
For the Respondent: Mr Amit M Nair, Vinit A Nair

JUDGMENT :

1. Present Appeal is preferred by the State under Section 378(1)(3) of the Code of Criminal Procedure, 1973, against the judgment and order dated 30-11-2006 of acquittal passed in Special (ACB) Case No.09 of 2002 by the Presiding Officer and Special Judge, Fast Track Court No.14, Vadodara. vide the impugned judgment and order the respondent accused was acquitted of the charges framed against him.

2. It is the case of prosecution that the complaint was lodged by the complainant–Ashokbhai Keshubhai Solanki that the respondent-accused, who was working as Personal Assistant to the Deputy Director of Director General of Foreign Trade in Foreign Trade Office at Vadodara, had demanded an amount of Rs.750/- for issuing the Import-Export Certificate in the name of the Company of the complainant.

3. It is the case that the aforesaid amount was reduced to Rs.500/- and upon such information received by the ACB, Vadodara, the complaint was filed and the trap was laid. The trap being successful, the amount of tainted currency note of Rs.500/- was recovered from the respondent-accused, seizure memo being executed and upon conclusion of the investigation, the charge-sheet was filed.

4. Lear

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