JUDGMENT :

1. The present appeal is filed by the appellant – State of Gujarat against the judgment and order of acquittal dated 24/11/2006 passed by the Presiding Officer, Fast Track Court No.4, Banaskantha at Palanpur in Special Case No.57 of 2002, whereby, the learned Trial Judge has acquitted the original accused respondent herein for the offence punishable under Sections 7, 13(1)(d)(1)(2)(3) and 13(2) of the Prevention of Corruption Act, 1988.

2. The brief facts giving rise to the present appeal are as under :

2.1 That, on 31/12/2001, somehow, the Police Sub-inspector, ACB Police Station at Palanpur, received information that at Deesa Highway near RTO Check Post some employees of RTO Check Post, Sales Tax Check Post Check Post of Forest Department and some other employees of police department are also demanding illegal gratification to the tune of Rs.50/- to 500/- from truck drivers. On the basis of this secret information, the Police Sub-inspector, ACB Police Station, Palanpur arranged a decoy trap with the help of staff of ACB personnel and for that they have called two panchas from the office of Gujarat Electricity Board of Palanpur and in presence of those panchas they went to guest-house of Irrigation Department and from there, on the basis of some information received, they had started towards Deesa. When they reached near Shihori-Thara Highway, they intercepted the Trailer bearing registration No.GJ-12-V-7480, which was driven by Surendrasinh Sohansinh carrying iron plates. Then they proceeded from Deesa to Uttar Pradesh at Koshi and then the driver was made to understand to co-operate in the trap proceedings and at his consent, he joined the decoy trap. Thus, the first part of the Panchnama was drawn and was also given different denomination of the currency notes of Rs.670/- and the same were sprinkled with anthracene powder and after completion of the first part of the Panchanama of the proceedings they had started to proceed towards Deesa. When they reached near RTO check-post and when they entered into the office of the RTO check-post, after getting clearance they proceeded further and thereafter, they reached near the Sales Tax Check Post, where the officers of Sales Tax Check Post had intercepted the vehicle for verification of the documents for the goods which they were carrying in the said vehicle. The vehicles are to carry form no.45 with them under the Rules of Gujarat Sales Tax Act and they have to show the same to the Check Post Officers who are deployed on the check-post and if they do not have the said form no.45, then they have to pay certain amount to the officers towards illegal gratification and therefore, when they reached near the Sales Tax Check Post, the truck bearing registration No. GJ-12-V-7480 was stopped by the Sales Tax Officers who were standing at the check post. They asked for the form no.45 to the driver and also called in the office of the officer. The truck driver said that he was not having the said form with him and therefore, the respondent who was sitting in the office, demanded Rs.500/- towards illegal gratification and thus, the trapping officers have arrested the present respondent – original accused alongwith tainted currency notes from the drawer of the table, where the respondent was sitting and found with the currency notes. Even the imprint of anthracene powder were also found on the left hand pocket of the respondent and that is how the respondent accused came to be arrested by the Police Inspector in presence of the Panchas and after drawing the Panchnama of the second part, they had completed the formalities of trap.

2.2 It is the case of the prosecution that during the course of investigation, they found sufficient material, and therefore, they led the charge-sheet in the concerned court and also submitted the papers to the appointing authority for getting sanctioned for prosecuting the respondent. On receipt of the charge-sheet papers, the concerned trial court vide Exh