Content Provider | Supreme Court of India |
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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 | Prevention of Corruption Act, 1947 (2 of 1947) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Prevention of Corruption Act, 1947 s. 5(l)(d) & s. 5(2) - Scope of - Proof of guilt based on circumstantial evidence - Tests for deciding. Both the appellants were officers of Indian Oil Corporation. The Corporation invited tenders from experienced contractors for rock cutting, filling and levelling of certain land acuired by it. On the notified date it opened the tenders received from eleven contractors. But in the meantime since it made a change in the specification of work to be done it asked the tenderers to submit revised tender. The direction to submit fresh tenders was restricted only to the original 11 tenderers. Even so it was alleged that a tender form was issued by the appellants to A-4, who was not one of the 11 tenderers. There was again a change in the specification of the work to be done at the suggestion of foreign collaborators. The appellants were alleged to have asked the concerned officers of the Corporation to make a fresh survey along with A-4, keeping in view the suggestion of the foreign collaborators. Eventually, the contract was given to A-4. The prosecution alleged that (1) the conduct of the appellants showed their keenness to have the contract entrusted to A-4. (2) the issue of work order was inflated with figures relating to rock cutting and filling; and (3) the appellants removed certain original documents from the departmental files and substituted in their place fabricated material. The appellants who were charged with offences under s. 120B and s. 109 IPC and s. 5(2) read with s. 5(1)(d) of the Prevention of Corruption Act, 1947 were convicted and sentenced to undergo imprisonment. On the question whether the appellants had been rightly convicted under s. 5(1)(d) of the Prevention of Corruption Act. |
Judge | Hon'ble Mr. Justice Jaswant Singh |
Neutral Citation | 1979 INSC 1 |
Petitioner | S. P. Bhatnagar Etc. |
Respondent | State Of Maharashtra |
SCR | [1979] 2 S.C.R. 875 |
Judgement Date | 1979-01-04 |
Case Number | 346 and 387 |
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