State of Gujarat vs Laxmanbhai Amrabhai Jamang

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Guj) 864

HEMANT M. PRACHCHHAK
State of Gujarat – Appellant
Versus
Laxmanbhai Amrabhai Jamang – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Tirthraj Pandya.
For the Respondent: Ankur Y Oza.

JUDGMENT :

HEMANT M. PRACHCHHAK, J.

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 15.3.2007 passed by the learned Special Judge, Bhavnagar, Camp-Mahuva in Special A.C.B. Case No. 1 of 1997, whereby the respondent-original accused was acquitted from the charges levelled against him under Sections 7, 13(1)(d) and 13(2) 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 complainant D.S. Mehta, PI, Bhavnagar ACB Police Station had given complaint on 20.06.1996 against the accused stating that on receiving information that the Government Medical officer at Dihor Village and Tansa village Primary Medical Center, after getting non-practice allowance, doing private practice by accepting fees of Rs. 10 from the patient and also he demanded Rs. 10 to 150 as bribe. Therefore, Panch Dashrathsinh Nanma and Chandrakant Narmadashankar and as patient Shri Nagindas Naranbhai Soni who serving as Government servant were arranged trap and for that necessary procedure and panchnama has been carried out. The accuse