JUDGMENT :

1. The appellant – State of Gujarat has preferred the present Appeal under Section 378 of Criminal Procedure Code, 1973 against the judgment and order of acquittal dated 01.03.2006 passed by the learned Additional Sessions Judge, Special Judge, Fast Track Court No.10, Rajkot at Morbi (hereinafter referred to as the "Trial Court") in Special Case No.02 of 2000, whereby the respondent-original accused was acquitted from the charge levelled against him under Section 13 of the Prevention of Corruption Act.

2. The facts in brief giving rise to the filing of present Appeal are as under:

2.1 The respondent - accused, who was discharging his duties as Police Inspector of Morbi City Police Station, during the period from 25.06.1998 to 16.08.1999, though being Government Servant was collecting bribe amount from the owners of the private luxury buses and the administrators of the said luxury buses for driving the same on the road from Morbi city to other cities. Thus, for his personal gain, he was collecting cash money from the drivers of the said buses. The accused, though there was notification of District Collector bearing Sr. No. G.H.G./641/1999 dtd. 26.04.1998 by which there was