IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 1382 of 2008 FOR APPROVAL AND SIGNATURE:

HONOURABLE MS. JUSTICE S.V. PINTO Sd/-

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Approved for Reporting Yes No ✓

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STATE OF GUJARAT Versus MENSIBHAI RAMABHAI RAM AHIR ==========================================================

Appearance:

MS. C.M. SHAH, APP for the Appellant(s) No. 1 SHIVANGI D VYAS(10117) for the Opponent(s)/Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MS. JUSTICE S.V. PINTO Date : 16/03/2026

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 (ACB) Judge & 2^nd Fast Track Judge, Junagadh (hereinafter referred to as “the learned Trial Court”) in Special (ACB) Case No. 10/2000 on 29.01.2008, whereby, the learned Trial Court has acquitted the respondent for the offence punishable under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as “the PC Act” for short).

1.1 The respondent is hereinafter referred to as “the accused” as he 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 In the year 2000, the accused was working as a Mamlatdar at Vanthali, District Junagadh and was a public servant. The complainant - Kanjibhai Mepabhai Chavda, was a resident of village Ravni, Taluka Vanthali and he had applied for a license to run a Fair Price Shop and he was given the license to run the Fair Price Shop at Navlakhi village. When he had gone to get his license at the Mamlatdar Office, Vanthali, he met the accused who told him that the cards at Navlakhi village are less and he would also be given the license of the Fair Price Shop at the neighbouring Barbada Village and would be given the license to distribute kerosene at the Fair Price Shop and demanded an amount of Rs.10,000/- as illegal gratification for the same. The complainant told the accused that he was poor and could not give the entire amount, but the accused demanded an amount of Rs.2,000/- in the first instance and told the complainant to pay the remaining amount in monthly installments of Rs.1,000/- each. The complainant gave the amount of Rs.2,000/- to the accused in his office about one and a half months prior to 12.05.2000 and at that time, there was no other person in the office besides the complainant and the accused. On 10.05.2000, the complainant went to get his stock of food grains and the accused saw the complainant in front of his chamber and sent his peon to call the complainant and when the complainant went to him, he demanded for the amount of illegal gratification. The complainant did not have the amount and told the accused that he would make arrangements for the same and give the amount within two to three days. As the complainant did not want to give the amount of illegal gratification, he went to the ACB Police Station at Junagadh and the complaint of the complainant was recorded.

2.2 The Trap Laying Officer called the panch witnesses and the complainant gave 10 currency notes of the denomination of Rs.100/- each. Assistant Sub-Inspector - G.S. Chudasma was instructed to demonstrate the use of anthracene powder and ultraviolet lamp and he explained the characteristics of the same to the complainant and the panch witnesses. All the currency notes were smeared with anthracene powder and placed in the left shirt pocket of the complainant and necessary instructions to all concerned were given. The Panchnama Part-I was drawn and the signatures of all concerned were taken. As decided, the complainant, panch witnesses and members of the raiding party left in Government Vehicle Number GJ-09-G-2399 and went via Vanthali-Keshod road to Vanthali village. T