Contact us   Feedback   Subscription   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Extracts
Home List
← Previous Next →

2016 (5) TMI 592 - SUPREME COURT

2016 (5) TMI 592 - SUPREME COURT - TMI - Offence under Section 120B of the Indian Penal Code (IPC) and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 - Held that:- In the present case, no evidence at all is led by the prosecution to show that the appellant had abused his position and as a public servant, foreign currency which was found in his possession was the result of such abuse of position. It was not even the case set up by the prosecution that he had ta .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

prehension. It is stated, at the cost of repetition, that it is the prosecution which has to prove its case in a criminal charge leveled against the accused person and it is not the accused person who has to put up his defence. Only when there is sufficient evidence placed on record by the prosecution which may prove the guilt of the accused person, the accused person may come out with the defence if he wants to meet the circumstances which have been proved against him at the time of trial. In t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

: Mr. Sushil Kumar Jain, Sr. Adv. Mr. Ashwin V. Kotemath, Adv. Mr. Abhinav Gupta, Adv. Mr. Manu Maheshwari, Adv. Mr. Apurv Taran, Adv. Ms. E. R. Sumathy, Adv. For the Respondent : Ms. Kiran Suri, Sr. Adv. Mr. P. K. Dey, Adv. Mr. Rajiv Nanda, Adv. Mr. Kumar Parimal, Adv. Mr. M. K. Maroria, Adv. Mr. Arvind Kumar Sharma, Adv. ORDER These appeals were filed by two appellants viz., S.Janakiraman and S.Devarajan. S.Janakiraman died during the pendency of these proceedings as informed to us by the lea .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ct'). The third person was one K. Sadasivam. He had filed a separate appeal but he also died and on that ground, the said appeal was disposed of as abated. Brief facts are that all the three accused persons were working as officers of the State Bank of India Extension Counter at the Airport Terminal (International), Chennai at the relevant time, i.e., October, 1990. This exchange branch was catering various exchange needs of the outgoing and incoming passengers and also collected customs dut .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

, he along with PW-2 and other team members went to the Branch Office on 11.10.1990 at about 4.30 a.m. The inspection was carried in the presence of two witnesses. During the inspection, foreign currencies and travelers cheques were found at the counter of S.Janakiraman and K.Sadasivam, which was found to be in confirmity with the statements of foreign exchange transactions. Thus, those foreign exchange currencies and travelers cheques were returned. Thereafter, a personal search of accused S.Ja .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

appellant-S.Devarajan entering the premises. The inspecting team decided to search him as well and on his personal search 119 US Dollars, Sterling 35, Malaysian Dollar 11 and Indian currency in the sum of ₹ 7,000/- was seized. Mahazar (Ex.P.16) was prepared in respect of this seizure. It would also be pertinent to point out that even the houses of these three accused persons were searched. During that search, though some incriminating material was found in the house of S.Janakiraman and K .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the High Court, thereby confirming the conviction and sentence imposed upon the three appellants by the trial court. The judgment of the High Court is dated 20.04.2010. As mentioned above, since we are now concerned only with the appeal of the appellant - S.Devarajan, we shall focus our attention only to this appellant. As far as this appellant is concerned, admitted facts are that he was not performing any duty at the time when PW-9 along with his team had inspected the Extension Counter of th .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

t is made out. Section 13(1)(d) of the Act under which the appellant was charged reads as under: - 13. Criminal misconduct by a public servant (1) A public servant is said to commit the offence of criminal misconduct,- x x x x (d) if he,- (i) by corrupt or illegal means, obtains for himself or for any other person any valuable thing or pecuniary advantage; or (ii) by abusing his position as a public servant, obtains for himself or for any other person any valuable thing or pecuniary advantage; o .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

or any other person any valuable thing or pecuniary advantage. Thus, the ingredients which will be required to be proved are: - (1) The public servant has abused his position. (2) By abusing that position, he has obtained for himself or for any other person any valuable thing or pecuniary advantage. In the present case, no evidence at all is led by the prosecution to show that the appellant had abused his position and as a public servant, foreign currency which was found in his possession was th .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version