B.J.SHETHNA - (1.)Ahmedabad is one of the top ten big cities of the country. There were serious complaints about rampant corruption in the Police Department itself. Police Inspector Shri K.M.Rathod specially designated with the Anti-corruption Branch was assigned special duty to check the corruption in the Police Department itself. For that purpose Shri Rathod alongwith the members of the raiding party intercepted one truck near Visat Petrol Pump near Sabarmati on the road going towards ONGC Colony. Driver of a truck who was going towards Maharashtra was explained the purpose for which he was stopped for trapping corrupt Police constables posted at the Traffic points of Ahmedabad. He was given currency notes of Rs. 65 of different denominations with the enthracine powder poured on it. When they reached alongwith the members of the raiding party including PI Shri Rathod towards Narol, the appellant accused - Alwin Laurence Mendonsa was on duty as a Traffic Police Constable. He had demanded bribe of Rs. 20 from the driver of the truck for entry, as more passengers were travelling in the cabin of the truck. The said amount of notes of Rs. 20 were paid to him and immediately he was caught by the raiding party. Shri Rathod reached there alongwith panch witness No.2 and caught the accused red-handed.
(2.)After completing the investigation, the appellant accused was charge-sheeted for the offence punishable under Sections 7 and 13(1)(D) read with Sections 3 and 13(2) of the Prevention of Corruption Act, before the Court of Special Judge, Ahmedabad City, Ahmedabad.
(3.)After considering the evidence of the prosecution witnesses as well as the defence of the accused, the learned Special Judge found the appellant accused guilty for the offences for which he was charged. Therefore, by judgement and order dated 15.11.2000, convicted the appellant accused for the aforesaid offences and sentenced him to suffer one year and three months rigorous imprisonment with a fine of Rs. 500.00. This order of conviction and sentence was challenged by the appellant accused in Criminal Appeal No. 1080 of 2000 before this Court. When this appeal was initially placed before the learned Single Judge of this Court on 11.12.2000, urgent show cause notice pending admission was issued to the learned Additional Public Prosecutor and the record and proceedings from the trial Court were called for and the appellant accused was continued on bail on same terms and conditions with fresh bond on the statement being made at the bar that he was enlarged on bail after order of conviction and sentence passed by the trial Court, which was to continue till 29th Dec. 2000.