Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Prevention of Corruption Act 1947 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Prevention of Corruption Act, 1947 (2 of 1947) Anti-corruption Laws (amendment) Act, 1967 (16 of 1967) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Prevention of Corruption Act, 1947 - Effect of the repeal of section 5(3) of the Act - Whether Act 16 of 1967 introducing section 5(1) (e) and with retrospective effect offends Articles 14 and 20(1) of the Constitution.The appellant who was charged for the offences (a) under section 120B I.P.C. (b) under section 161 I.P.C. read with section 5(2) and 5(1)(d) of the Prevention of Corruption Act 1947 and (c) under section 5(2) read with section 5(1)(a) of the Prevention of Corruption Act 1947 was acquitted by the special judge holding that neither the charge of conspiracy nor any other charge against the accused was proved. But the special Judge held that the assets of the appellant from 1st of July '55 to 30th April 1961 had exceeded his income by Rs. 33,588.34 and they were disproportionate to the known sources of income of the petitioner. The triai Judge, however, found that as section 5(3) of the Act had been repealed on 18-12-1964 and as specific instances of payment of bribe to the petitioner could not be proved the accused could not be held guilty of the charges. Aggrieved by the decision, the State preferred an appeal to the Delhi High Court on 11th April, 1967. Pending the appeal before the High Court, Act No. 16 of 1967, came into force on 5th May 1967 re-introducing section 5 (1) (e) in the Act. In the High Court the appellant challenged the vires of Act No. 16 of 1967 on the ground that revival of section 5 (3) of the Act and making it applicable retrospectively was void and unconstitutional as it was in violation of Art. 14 and 20(1) of the Constitution. A Division Bench of the High Court of Delhi by its judgment dated 27th November,1973 aIIowed the appeal upholding the validity of Act No. 16 of 1967 and remanded the case to be tried from the stage at which it was pending on 18th December, 1964.In appeals by special leave it was contended that (a) Since section 5(3)of the P.0.F.A., 1947 was repealed on 18-12-64 the Court below cannot take into account the provisions of section 5(3) of the Act after the date of its repeal on 18-12-64 and (b) Act No. 16 of 1964 which gave retrospective operation to section 5(3) or the Act is violative of Articles 14 and 20(1) of the Constitution. |
Judge | Hon'ble Mr. Justice P.S. Kailasam |
Neutral Citation | 1978 INSC 262 |
Petitioner | Nayyar (g. P.) |
Respondent | State (delhi Admn.) |
SCR | [1979] 2 S.C.R. 816 |
Judgement Date | 1978-12-14 |
Case Number | 274-275 |
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