STATE OF GUJARAT Vs. PRABHASHANKAR MOHANLAL JOSHI

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 22nd June, 1998 passed by the learned Special Judge, Bhavnagar in Special (A.C.B.) Case No.12 of 1994.

(2.) The following charges have been levelled against the accused:

(3.) The facts of the prosecution case are that the incident occurred on 29th July, 1994 at about 7:40 A.M. On the previous day, Shri D.L. Dodia, P.S.I., A.C.B., Bhavnagar, viz., the complainant, received information through an informant that a police party was posted at a tent near Shitla Mataji Temple on Bhavnagar/Ghogha Road and these police personnel, under the pretext of patrolling, were stopping passengers whose vehicles were plying between Shitla Mataji Temple and Pipalia Bridge, leading to Ghogha for checking and under the guise of 'Entry', they were collecting and receiving illegal gratification other than legal remuneration, ranging from Rs.10/- to Rs.100/- from the drivers of such vehicles. On receiving such information, P.S.I. Shri Dodia decided to arrange a running trap. He, therefore, on 28th July, 1994, contacted one Sardarsinh R. Jadeja, driver-cum-owner of Matador No.GUW 9062 and asked him to extend his cooperation by giving his Matador on hire for the purpose of the trap. Sardarsinh Jadeja expressed his willingness to cooperate and hence, he was asked to remain present with his Matador in the A.C.B. Office at 4:45 A.M. on 29th July, 1994. P.S.I. Shri Dodia also summoned two panchas, namely, (1) Rasikbhai Popatbhai Vachhani, and (2) Shantilal Ambalal Tadvi, both Surveyors from the Land Record Office, Bhavnagar, to the A.C.B. Office on 28th July, 1994 and asked them to work as panchas in the proposed trap, to which, they consented. Therefore, they were asked to remain present in the A.C.B. Office, Bhavnagar at 4:45 A.M. on 29th July, 1994.