SHANTILAL KASHIBHAI PATEL V. STATE OF GUJARAT INSC 222

CASE BRIEF CASE NAME Shantilal Kashibhai Patel Vs. State of Gujarat FACTS The complainant was the owner of a paan galla. The accused 1 to 4 are Food inspectors. They had approached the complainant and told him that they were inspecting the food articles and that the bottle of kimam would not be passed unless he was “practical” and provided a bribe of Rs 5000, complainant said he did not have that much money and only could provide 600 and would arrange the money later. For some more days, they continued asking for money and he gave an additional Rs. 500. He said that he would arrange the remaining total amount on January 30th. On this date, he approached the Anti-Corruption Bureau and filed a complaint. Rs. 4,000 was given to him in two bundles of 20 Rs 100 notes each. This money was treated with Anthracene powder. Two panchas or witnesses were also there during the entire process. The complainant met the accused 2,3, and 4 and handed over the money which he reported was only handled by accused 2 and 3. Accused 1 who was apprehended later refused to take the money. After the raid accused 2 and 3’s hands turned blue under UV light and so did the complainants but no one else did. Accused 1,3 and 4 were acquitted by the learned Special Judge. On appeal to high court Accused 2 was not acquitted. The High Court reasoned that the Panchas could not recognize the accused and there is no evidence as to the meetings preceding the raid. They also reasoned that the hands of accused 2 clearly showed that he had handled the money before the raid. ISSUE The issue discussed by the Hon’ble Supreme Court is whether or not the accused 2 should be acquitted. HOLDING: The accused 2 was acquitted and the appeal succeeded. RATIONALE The reasoning was that relying solely on the complainant’s statement is unsafe. The complaint also admitted to wanting to teach a lesson to accused 2 as he knew that accused 2 often used to raid paan gallas.