Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Demand and acceptance - A-1 demanded and accepted Rs.1000 from PW3 and gave one note of Rs.100 to A-2 - Having accepted the recovery of tainted money from possession of A-1, his theory of forcible implanting does not carry any merit for consideration, particularly when PWs prove the..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Demand and acceptance - A-1 demanded bribe and obtained it from PW3 and A-2 received Rs.100 from A-1 - Prosecution not alleged that A-2 jointly demanded bribe with A-1 or he demanded bribe from PW3 independently - Whether money was given as a share in illegal gratification or for any..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Complainant turned hostile - However, shadow witness, trap laying officer and colleagues of accused who were present at the trap, recovery of tainted money and scientific experts, are sufficient to hold that accused had obtained illegal gratification of Rs.300 from complainant - Plea..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A -- Default bail - Extension of time for investigation - Court failed to inform the accused as regards filing of application for extension of investigation and also failure to inform him of his right to object - Order allowing application for extension of time..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57, 21(c), 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 1101 gms brown sugar - Bail - Petitioners were not forwarded to Court of Special Judge within 24 hours excluding the time taken for journey to Court - Time of medical examination is also found to be beyond 24 hours - What was the reason for..........
Prevention of Corruption Act, 1988, Section 17A -- Prior approval - Source report of public with general allegations of illegal, improper exercise of powers in violation of prescribed procedure by taking bribes by accused was enquired into - Investigation carried out by respondent was not in relation to any specific decision or recommendation made by accused of the nature..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Demand and acceptance - Demand for gratification has to be proved by prosecution beyond reasonable doubt - There has to be demand for gratification - It is not simple demand for money, but it has to be a demand for gratification...........
Prevention of Corruption Act, 1988, Section 7 -- Illegal gratification - Proof of demand of gratification and acceptance of gratification is a sine qua non for establishing commission of an offence punishable u/s 7 of the Act...........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Demand and acceptance - Unless both demand and acceptance are established, offence of obtaining pecuniary advantage by corrupt means covered by S.13(1)(d)(i), (ii) of the Act cannot be proved...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d) -- Illegal gratification - Demand and recovery both must be proved in order to sustain conviction under the Act...........
