(Per : HONOURABLE MR.JUSTICE JAYANT PATEL)
1. The present application is for leave to prefer appeal against the judgment and order passed by the learned Special Judge, Jamnagar in Special Case (ACB) No. 13/2003, whereby, the accused has been acquitted for the offence under section 7, 13(1)(d) read with section 13(2) of the Prevention of Corruption Act.
2. We have considered the judgment and the reasons recorded by the learned Special Judge. We have heard Mr. Pandya learned APP and we have considered the record and proceedings. It appears that it is an admitted position that the currency which was tendered is not accepted by the accused. The anthracene powder which was found was on Julla, therefore, if the receipt of the amount and the recovery thereof from the accused is not proved and under these circumstances, if the learned Special judge has found that the prosecution has not been able to prove the case beyond reasonable doubt, the said view cannot be said to be erroneous attracting the power of this court or interference in the judgment and order for acquittal.
3. Under these circumstances, leave does not deserve to be granted, therefore, not granted. Application stand disposed of accordingly.
[JAYANT PATEL, J.] [PARESH UPADHYAY, J.] mandora/ Top