Criminal Procedure Code, 1973, Section 197 -- Appellant alongwith some other BSF personnel alleged to have come to respondent's shop and demanded Rs.10,000/- as illegal gratification and on refusal to pay, they entered into the shop, ransacked the shop and illegally took away some commodities - Appellant's case that on basis of a notification they were authorized to..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), 20 -- Illegal gratification - Demand - Evidence that Rs.10,000/- brought as demanded and that accused assured that his file now will be cleared - This evidence not shaken in cross examination - Held, it clearly establishes that there was a demand...........
Prevention of Corruption Act, 1988, Section 7 -- Illegal gratification - Money recovered from brief case in a hotel room - Explanation that money must have been put into briefcase when he had gone to bathroom - Unbelievable - No explanation as to why accused had gone into the hotel room - Even his explanation that he had gone to the hotel to book a table for the night of..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Illegal gratification - Recovery of tainted money in a trap - Trap witness not supporting prosecution - According to trap witness currency note was in hand of officer who laid the trap when he reached the place - In view of statement of trap witness the hand wash memo, recovery memo and tainted money and/or..........
Criminal Procedure Code, 1973, Section 173, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Illegal gratification - Trap witness and another independent witness not supporting prosecution - CBI submitted closure report after six years investigation - Special Judge directed CBI to re-investigate - Order set aside as there was no allegation that investigation..........
Criminal Procedure Code, 1973, Section 167 -- Police remand - High Court held it to be illegal and consequently confession and alleged recovery has no evidentiary value - Admissibility or otherwise of a piece of evidence has to be judged having regard to the provisions of Evidence Act - Effect of confession and also the recovery of the incriminating article at the pointing..........
Prevention of Corruption Act, 1988, Section 13(2), 7 -- Illegal gratification - Recovery of bribe money - Mere recovery is not sufficient to convict the accused when substantive evidence in the case is not reliable...........
Prevention of Corruption Act, 1988, Section 13(2), 7 -- Illegal gratification - Shadow witness and complainant related to each other - Fact suppressed by prosecution - Casts a serious doubt to the veracity of prosecution case - Independent witness not examined - Accused acquitted...........
Civil Procedure Code, 1908, Section 35, Land Acquisition Act, 1894, Section 4, 6, Constitution of India, 1950, Article 300A -- Acquisition of Land - Procedure of - Failure to comply with - - Even notification not issued - High handed action of State is wholly illegal and violative of Article 300A of Constitution of India - High Court directed State either to restore..........
Prevention of Corruption Act, 1988, Section 7, 13(1), 13(2) -- Additional Public Prosecutor - Demand of illegal gratification - Trap - Recovery of Rs. 1500/- - Presence of Phenolphthalein powder found on hands and inner lining of shirt of accused - Plea that currency notes were concealed in papers and he accidentally touched them not accepted in view of presence of..........
