Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Prevention of Corruption Act 1988 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Prevention of Corruption Act, 1988:s.7 - Demanding of bribe by Excise official from complainant for returning the stock register and asking him to hand over demanded money on the next day to Home Guard - Money handed over - Trap laid and Home Guard caught with tainted money - Courts below convicting him - Correctness of - Held: Not correct as material not sufficient to prove that Home Guard had any knowledge that the money handed over was bribe.Prosecution case was that PW-1 and his father were running wine shops. The Excise Department raided the shop and found some stock without licence. They registered case against them and it ended in their conviction. The Excise Superintendent issued show cause notice for cancellation of licence. A-1, the Excise Sub-Inspector sealed the shop pursuant to the direction of Superintendent. PW-1 approached High Court seeking direction for the release of the seized stock. The High Court passed an order in favour of PW-1, directing the excise officials to release the stock. PW-1 approached A-1 to remove the seals and to open the doors of the shop. A-1 demanded bribe of Rs.5000/- to open the seal, and when PW-1 expressed his inability, A-1 reduced the amount to Rs.3000/-. A-1 asked him to pay the amount the next day and further told him that in case he goes for checking of shops, the amount may be paid to A-2-appellant. On the next day, PW-1 paid the amount to A-2. A-2 counted the notes, kept the amount in his left pocket. Subsequently, the amount was recovered from A-2 and the phenolphthalein test conducted on the fingers of both the hands and the left pant pocket of A-2 proved positive. The Trial court rejected the plea of A-1 that PW-1 paid the amount to A-2 to hand over the same to one person 'S' for the purpose of remitting the same to the treasury and convicted both A-1 and A-2 under s.7 of Prevention of Corruption Act, 1988. The High Court upheld the conviction.In appeal to this Court, A-2-Appellant contended that no definite role was ascribed to him and no material was adduced to show that A-2 had any knowledge that the money was being paid to A-1 as bribe. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 987 |
Petitioner | K. Subba Reddy |
Respondent | State Of Andhra Pradesh |
SCR | [2007] 10 S.C.R. 419 |
Judgement Date | 2007-09-28 |
Case Number | 1309 |
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