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2011 (2) TMI 1539 - SC - Indian LawsOffences punishable under Prevention of Corruption Act (PC Act) - award of the sentence - appellant here is on post of Inspector. An FIR was registered against the appellant by the DSP, CBI (ACB) u/s 13(2) r/w Section 13(1)(e) of the PC Act, alleging that the appellant was in possession of disproportionate assets. appellant held guilty of the charges and awarded the punishment by the Special Judge. Therefore, Appellant challenged the said order in this appeal. HELD THAT:- Considering the facts of the case, we are of the view that a sum of ₹ 2,71,613.69 remained unexplained. The appellant entered into in service in 1972 and there is no break up so far as assets and expenditures etc. are concerned in the charge sheet though the check period covered both the Acts i.e. P.C. Acts, 1947 or 1988. Even if the said amount is spread over the period from 1987 to 1996, the alleged unexplained income remains merely a marginal/paltry sum which any government employee can save every year. In view of the above, we are of the considered opinion that judgments and orders of the courts below cannot be sustained in the eyes of law and they are liable to be set aside. The appeal is allowed.
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