In corruption cases, the prosecution must prove the foundational facts of demand and voluntary acceptance of illegal gratification. Mere recovery of tainted currency or chemical test results is insufficient for conviction. If the trial court’s acquittal is a reasonable view, the appellate court shall not interfere.

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JUDGMENT

1. The appeal is filed by the appellant State under Section 378 of the Code of Criminal Procedure, 1973 against the judgement and order of acquittal passed by the learned Special Judge & Additional Sessions Judge, Navsari, Ahwa Dang (hereinafter referred to as “the learned Trial Court”) in Special (ACB) Case No. 2/2014 [(Old) Special ACB Case No. 4/2002] on 20.11.2015, whereby, the learned Trial Court has acquitted the respondents for the offence punishable under Sections 7, 12, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as “the PC Act” for short).

1.1 During the pendency of the present appeal, the respondent No. 2 – Jalamsingbhai Revijibhai Naik expired on 21.04.2021 and the appeal qua the respondent No. 2 was abated vide an order of this Court dated 19.02.2026, the respondent No. 3 – Jayeshbhai Dhirubhai Shimpi expired on 06.10.2023 and the appeal qua the respondent No. 3 was abated vide an order of this Court dated 15.04.2024 and the respondent No. 4 – Dineshbhai Devabhai Patel expired on 19.07.2023 and the appeal qua the respondent No. 4 was abated vide an order of this Court dated 02.09.2025.

1.2 The respondents are hereinafter referred to as “the accused” in the rank and file as they stood in the original case for the sake of convenience, clarity and brevity.

2. The brief facts that emerge from the record of the case are as under:

2.1 On 22.09.2001, the accused No.1 was posted as an armed Driver Head Constable at the Ahwa Police Headquarters, MT Branch, the accused No.2 was an Assistant Sub-Inspector, the accused No.3 was an Unarmed Police Constable and the accused No.4 was an Armed Police Constable and all three were posted at Ahwa Police Station and all the four accused were public servants. Police Inspector - M.P. Raol, ACB Police Station, Valsad had received secret information that the police during night patrolling were halting heavy goods and vehicles coming from Maharashtra State on the Saputara-Waghai Road and without any legal procedure on the pretext of entry fee were demanding various amounts as illegal gratification. To verify the same, a decoy trap was planned and two panch witnesses were called to the ACB Police Station at Valsad on 21.09.2001 and after the necessary introductions of the panch witnesses to the members of the raiding party, the Panchnama Part-I was drawn between 17:00 hours to 17:45 hours. At around 18:00 hours, the panch witnesses and the members of the raiding party sat in a private Tata Sumo bearing registration number GJ-15-C-9459 and went via Dharampur Vada Road from Saputara to Hatgad village in Maharashtra and reached there around 21:00 hours. Truck bearing registration No. MH-14-F-7965 was coming from Maharashtra and the truck was halted and the driver Vijay Saradu Mujbal a resident of Alegaon, Taluka Junnar, District Pune was informed about the decoy trap to be arranged and he gave his consent for the same. Currency notes of denomination Rs.100/- were smeared with anthracene powder and placed in the right pant pocket of the decoy - Vijay Saradu and necessary instructions were given to the decoy and the panch witnesses and the Panchnama Part-II was drawn at 22:45 hours. At around 22:50 hours, the entire party left Hatgad village and entered into the jurisdiction of Gujarat State on the Saputara Road near Malegao