Thane: Bringing the curtain down on an 11-year-old anti-corruption case, a Thane sessions court on Wednesday acquitted a traffic police constable accused of demanding and accepting a bribe for towing an accident-hit bus, holding that the prosecution failed to prove the essential ingredient of “demand” for illegal gratification.Additional Sessions Judge DS Deshmukh cleared Vilas P Chavan, then attached to the Kalwa traffic unit, of charges under Prevention of Corruption Act. The court observed that while recovery of money was established, mere recovery without proof of demand cannot sustain a conviction.The case dates back to Jan 2014, when a bus contracted to ferry company employees was involved in a collision on the Bhiwandi bypass near Diva, injuring seven passengers. The prosecution alleged that Chavan demanded Rs 3,000 from the bus owner for towing the vehicle and refused to issue a receipt, prompting the complainant to approach the Anti-Corruption Bureau (ACB). A trap was laid and tainted currency was recovered from the constable.However, after examining seven prosecution witnesses, including the complainant, panch witnesses and the investigating officer, the court noted that the recorded conversations showed Chavan repeatedly asking for vehicle documents and indicating willingness to issue a receipt for towing charges. Panch witnesses, during cross-examination, admitted that there was no explicit demand for a bribe.The court also flagged defects in the sanction granted for prosecution, observing that the sanctioning authority did not independently verify crucial material such as call detail records or audio evidence, rendering the sanction invalid.The court directed that seized amounts be returned to the complainant and the accused.
