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4 As against that, defence of the appellant, both before the trial Court as well as before this Court, is manifold viz. [1]There is material contradiction regarding admission and acceptance of amount of bribe, [2] Panchnama is not properly drawn and not properly proved and, therefore, there is no cogent and reliable evidence to prove commission of offence as alleged, [3] sanction is improper and thereby prosecution is initiated for want of appropriate and legal sanction, and [4] use of anthracene powder is not suitable to prove such cases and in HC-NIC Page 3 of 15 Created On Wed Jul 20 01:56:04 IST 2016 the present case, when liquid used for confirmation of passing of tainted currency notes, has shown yellow color instead of pink color during examination of presence of such powder on the notes and other Muddamal, it is clear that anthracene powder was either not proper or it was not anthracene powder at all and, therefore, entire trap, raid and testing are improper.

witness, namely Arvindbhai Chaturbhai Vasava, who is serving as In-charge Foreman in Electric Department of Vadodara Municipal Corporation. He must be conversant with the use of ultra violet light and result of anthracene powder. However, he also confirms that when ultra violet light was thrown on the places for confirmation of presence of anthracene powder on currency notes, they showed fluorescent yellow marks and not blue marks. Except such admission, he supports the case of the prosecution and deposed in confirmation of what he has stated in his statement before the police, so also in the Panchnama and proves the same.

14 Therefore, both these witnesses are practically confirming the prior demand as well as demand at the time of raid. However, in both HC-NIC Page 10 of 15 Created On Wed Jul 20 01:56:04 IST 2016 the evidence, it becomes clear that the presence of anthracene powder on currency notes was examined and confirmed by noticing fluorescent yellow marks; whereas if anthracene powder is used, the presence of powder could be confirmed only if there is blue-fluorescent marks. Therefore, so far as acceptance and possession of tainted currency notes are concerned, the evidence is not in accordance with the requisite formula of such chemical substance to confirm its presence and to that extent, it would be difficult to ascertain and confirm that the tainted currency notes were in fact present as alleged by the complainant, so also by Panch witness.