Siddhartha Chattopadhyay, J. - (1.) Challenging the legal pregnability of the judgement and order of acquittal dated 27.09.2016 passed by the learned Judge 3rd Special Court, C.B.I., Kolkata in Case No. 8 of 2003, the appellant C.B.I. has preferred this appeal on the ground that the learned trial Court failed to appreciate the factual aspects and also did not consider the evidence of the prosecution witnesses in its proper perspectives.
(2.) Learned Counsel appearing on behalf of the respondents/opposite parties submitted that the learned trial Court has meticulously gone through the evidence of the prosecution witnesses and has come to a correct conclusion which does not warrant any interference.
(3.) Factual scenario is now required to be visualised. The prosecution case in a capsulated form is such that on 02.07.2003, the complainant lodged the written complaint before the S.P., C.B.I., Anti-Corruption Branch, Kolkata claiming that the present respondent Nos. 1 and 2 demanded illegal gratification for not implicating him in a false case of operating a racket engaged in sale of computerized railway reservation tickets in connivance with the middle man. He did not agree to bribe them. Pursuant to the written complaint lodged by him the C.B.I. authority has laid pre-trap plan. The C.B.I. authority in presence of independent witnesses and after observing necessary formalities had given them a demonstration regarding the reaction of phenolphthalein powder with sodium carbonate on currency notes, which would be handed over. The complainant is supposed to pay the same to the respondents at the fixed place. Two separate packets were prepared for two respondents. Therefore, they contacted the respondents. The respondent Joydeb Ghatak asked the complainant to meet them at 'Amber Hotel'. Another respondent Suman Chandra came to the second floor of the said hotel. The C.B.I. officials and the complainant entered into the second floor of that hotel and occupied a table. The respondent Joydeb Ghatak told the complainant to pay of Rs.3,000/- per month for purchase tickets in bulk. The complainant had given 1,500/- and 1,000/- to Joydeb Ghatak and Suman Chandra respectively and instantly the C.B.I. officers prepared the seizure list and post-trap memo was conducted. Their hands were washed out with the solution and it turned pink.;