1 APPLN-2510.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.2510 OF 2010 The State of Maharashtra .... Applicant Vs. Kanhayalal Laxmanprasad Dubey .... Respondent Shri J.P. Kharge, APP, for the Applicant-State. CORAM: R.C. CHAVAN, J. DATED: JUNE 24, 2011 P.C: This is an application for leave to file appeal against acquittal of the respondent ordered by the learned Special Judge for Greater Mumbai for the offences punishable under Sections 7 and 13(1)(d) r/w Section 13(2) of the Prevention of Corruption Act, 1988. The respondent was an Excise Officer who is alleged to have demanded a bribe of Rs.15,000/- from a Bar owner. This demand was made on 6-8-2004. The complainant went to the Anti- Corruption Bureau on 24-8-2004. Trap was arranged on 25-8-2004. The first informant is alleged to have given an envelope containing 2 APPLN-2510.10 tainted currency notes totaling Rs.15,000/- to the respondent when the respondent was trapped. The learned Judge disbelieved the complainant and the prosecution evidence, firstly, because of delay of 18 days in approaching the Anti- Corruption Bureau after the demand was made. Secondly, because the complainant himself admitted having asked the respondent-Excise Officer of ways to circumvent the requirement of law to check permits of customers and also keeping a note about the stock available. The learned Judge also observes that the complainant suffers form selective amnesia in not remembering that he had been fined twice in the past for infraction of Excise Rules. The panch witness turned hostile. He stated that his signature was obtained when he had gone to the office of the Anti-Corruption Bureau for obtaining a relieving letter. He admitted that he had been panch in two earlier cases and do not remember in how many cases he was panch in such trap cases. It cannot be said that the view taken by the learned Judge is erroneous or improbable. Leave refused. Appeal dismissed. (R.C. CHAVAN, J.)