Prevention of Corruption Act, 1988, Section 7 -- Illegal gratification - Non-joining of independent witness - Mere fact that some independent person available at spot were not associated in the investigation, is no ground to discard testimonies of recovery and trap laying officer - It is not necessary that each and every person who had been spectator to such a raid/trap..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Retirement of public servant - Sanction to prosecute public servant is not required for the offences under Prevention of Corruption Act, if public servant is already retired on the date of cognizance by Court - However, sanction is required for the..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Accused a commercial tax inspector demanded Rs.1000/- from complainant for removal of seals of machinery in his factory - Immediate explanation given by accused that amount was forcibly thrust by complainant - Subsequently accused explained that amount was received towards arrears of..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Validity - Prosecution sanction issued after approval of higher authorities - Note-sheet prepared by Dy. Secretary reveals that he has taken into consideration material available on record and came to conclusion that prima facie case is made out - Said..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Illegal gratification - Sanction for prosecution - Accused discharged as sanction for prosecution was refused - A fresh challan cannot be filed after superannuation of accused from service...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Time limit - No time limit is fixed for grant of sanction - Parliament should consider the constitutional imperative of Article 14 enshrining the rule of law wherein "due process of law" has been read into by introducing a time-limit in S.19 of the Act for its working in a reasonable manner...........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 406, 409, 420, 120B -- Prosecution of a public servant under Prevention of Corruption Act and offences under IPC - Exoneration in departmental proceedings on same charges - Does not ipso facto lead to acquittal of accused in the criminal trial...........
Prevention of Corruption Act, 1988, Section 13(1)(c), 13(1)(d), Indian Penal Code, 1860, Section 409, 468, 471, 120B - - Bank Manager of Public Sector Bank - Unauthorized conversion of public funds to private funds of an individual - Diversion of public funds by accused amount to criminal breach of trust by committing forgery/use of forged documents as well as offence..........
Prevention of Corruption Act, 1988, Section 17 -- Person authorized to investigate - Special Judge permitted Sub Inspector to investigate the matter under Prevention of Corruption Act - Order of Special Judge passed on request and in interest of justice - Investigation pursuant to such order does not suffer for want of jurisdiction - Moreover, no case of prejudice or..........
Prevention of Corruption Act, 1988, Section 13 -- Illegal gratification - Complainant did not know accused before incident - Accused had never talked with complainant for demanding money - No evidence that accused accepted or obtained or agreed to accept or obtain from complainant, amount as illegal gratification - Conviction and sentence set aside...........
