Modification of Judgment dtd.

05/02/2026 in R/CR.A/1485/2008

0.7809130925759513 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 1485 of 2008 [On note for speaking to minutes of order dated 05/02/2026 in R/CR.A/1485/2008 ]

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STATE OF GUJARAT Versus KIRITSINH BALUBHA VAGHELA & ANR.

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Appearance:

PUBLIC PROSECUTOR for the Appellant(s) No. 1 RULE SERVED for the Opponent(s)/Respondent(s) No. 1,2 ========================================================

CORAM:HONOURABLE MS. JUSTICE S.V. PINTO Date : 09/03/2026

ORAL ORDER

Perused the Speaking to Minutes Note.

In the judgment dated 05.02.2026, in Para Nos. 1 and

11, the words mentioned as “Special (ACB) Case No. 19 of 2008”

to read as “Special (ACB) Case No. 19 of 1997”.

Rest of the order shall remain as it is. Registry to issue fresh writ accordingly.

Speaking to Minutes stands disposed of.

(S. V. PINTO,J)

F.S. KAZI R/CR.A/1485/2008

0.7809130925759513 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 1485 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 KIRITSINH BALUBHA VAGHELA & ANR.

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Appearance:

MS C.M.SHAH, APP for the Appellant(s) No. 1 RULE SERVED for the Opponent(s)/Respondent(s) No. 1,2 ========================================================

CORAM:HONOURABLE MS. JUSTICE S.V. PINTO Date : 05/02/2026

ORAL JUDGMENT

1. This appeal has been filed by the appellant – State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgment and the order of acquittal passed by the learned Special Judge, Bhavnagar (hereinafter referred to as ‘the learned Trial Court’) in Special (ACB) Case No.19 of 2008 on 19.02.2008, whereby, the learned Trial Court has acquitted the respondents – original accused from the offences punishable R/CR.A/1485/2008

0.7809130925759513 under Sections 7, 12, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as ‘the P.C.Act’).

1.1. The respondents hereinafter are 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 relevant facts leading to filing of the present appeal are as under:

2.1. The accused no.1 was working as an Unarmed Head Constable in the Traffic Branch, Bhavnagar, and was a Public Servant. The complainant, Dilipbhai Shantilal Mehta, Police Inspector, ACB Police Station, Bhavnagar, had received secret information that the Traffic Police in Bhavnagar City were halting vehicle riders and were illegally demanding amounts ranging from Rs. 20/- to Rs.200/- from them for not taking any legal action against them. To verify the same, Ashwinbhai Amulakhrai Bhatt was asked to be a decoy and after he had consented for the same, Khodubha Samantsinh Sarvaiyya and Manish Bhupatbhai Bhatt, both residents of Bhavnagar were called to be the panch witnesses. A decoy trap was arranged and the R/CR.A/1485/2008

0.7809130925759513 complainant gave currency notes of Rs.200/- consisting of one currency note of the denomination of Rs.100/-, one currency note of Rs.50/-, four currency notes of Rs.10/- each, and two currency notes of Rs.5/- each from the Government Trap Money Advance. Thereafter, a demonstration of anthracene powder and ultraviolet lamp was carried out, and the characteristics of anthracene powder and ultraviolet lamp were explained to the panch witnesses and the complainant. The currency notes were then smeared with anthracene powder and placed in the left- side shirt pocket of the decoy and the trap was arranged. The decoy and panch witness no.1 proceeded on a scooter and were followed by the members of the raiding party. Panch witness no.2 was later on instruct