IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 1632 of 2008 FOR APPROVAL AND SIGNATURE:

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

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Approved for Reporting No ==========================================================

STATE OF GUJARAT Versus HITESHKUMAR HASMUKHRAY MANIYAR & ORS.

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Appearance:

MS. C.M. SHAH, APP for the Appellant(s) No. 1 MR PRAVIN GONDALIYA(1974) for the Opponent(s)/Respondent(s) No.

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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO Date : 13/03/2026

ORAL 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, 2^nd Fast Track Court, Amreli (hereinafter referred to as “the learned Trial Court”) in Special Case no. 28/1999 on 04.03.2008, whereby, the learned Trial Court has acquitted the respondents for the offence punishable under Sections 7, 10, 12, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as “the PC Act” for short).

1.1 The respondents are hereinafter referred to as “the accused” as they stood in the rank and file 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 The accused no. 1 was doing the business of drinking water with his water cart at the Amreli Bus Stand and the accused nos. 2 and 3 were Unarmed Police Constables and were public servants. The complainant - Vashrambhai @ Vasantbhai Polabhai Bagda was the owner of a goods rickshaw no. GJ-14-T-6084 and was ferrying passengers and goods between Amreli and Matirada village. On 04.12.1998, the complainant had come from Matirada village to Amreli with about five passengers and had come to the bus stand and was to return to Matirada village and went to take passengers inside the bus stand. It was around 03.30 p.m. and at that time the accused no. 2 and two other policemen were standing there and they came to him and told him that he could not collect passengers from that place and if he wanted to collect passengers, he would have to give them an entry of Rs. 50/- every month. The complainant told them that he did not have that much amount and the person who was the other policeman told him to come on Monday i.e. 07.12.1998 as their duty was from between 08.00 am to 02.00 pm and to come after 11 am and give them the entry fee for Rs. 50/- or his rickshaw would be detained. He took two to four passengers and went to his village and he came to know that the police were demanding the amount of illegal gratification in the name of entry from him and he went to the ACB Police Station at Amreli and the complaint of the complainant was recorded on 07.12.1998.

2.2 The Trap Laying Officer called the panch witnesses and the complainant gave four currency notes of the denomination of Rs. 10/- each and two currency notes of the denomination of Rs. 5/- each. Under the instructions of the Trap Laying Officer, Head Constable - Dalubhai Bawadiya conducted the demonstration of anthracene powder and ultraviolet lamp and explained the characteristics to them and all the currency notes were smeared with anthracene powder and placed by Head Constable - Dalubhai Bawadiya in the left shirt pocket of the complainant. The necessary instructions were given and the Panchnama Part-I was drawn and the signatures of all the concerned were taken. As decided the complainant panch no. 1 and Head Constable – J.B. Parmar sat in the rickshaw of the complainant and the panch no. 2 and the members of the raiding party sat in the government jeep and followed them. They came to the ST Depot at around 12.15 hours and the complainant and the panch no. 1 alighted from the rickshaw and walked into the bus stand. The other members of the raiding