TMI Blog1982 (11) TMI 181X X X X Extracts X X X X X X X X Extracts X X X X ..... he Prevention of Corruption Act, 1947 on the charge that during the period of his office as a police constable, he was found in possession of property disproportionate to his known sources of income, for which he could not satisfactorily account. The learned Special Judge directed that the two fixed deposit receipts in the sum of rupees five thousand each and the cash amount of ₹ 5,200 which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll be investigated, inquired into, tried and otherwise dealt with according to the provisions contained in the CrPC, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences. It is clear from this provision that in so far as the offence under laws other that the Indian Penal Code are c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... posal of property by confiscation. This power would, therefore, be available to a Court trying an offence under the Prevention of Corruption Act unless that Act contains any specific or contrary provision on the subject- matter of confiscation. None of the provisions of the Prevention of Corruption Act provides for confiscation or prescribes the mode by which an order of confiscation may be passed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of that amount can be passed. A person who is found guilty of accepting the bribe is not only liable to be convicted and sentenced for the offence of bribery, but the amount which he has taken by way of bribe is liable to be confiscated by reason of the powers of confiscation conferred by Section 452 of the CrPC to the extent that the said provisions apply. 4. There is equally no substanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uestion which he has raised before us was expressly left open in that case. 6. For these reasons, we confirm the order of confiscation and dismiss the appeal. The amount of rupees three thousand which was directed by this Court to be paid to the appellant out of the confiscated amount, in order to enable him to prosecute this appeal need not be refunded by the appellant. - - TaxTMI ..... X X X X Extracts X X X X X X X X Extracts X X X X
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