2009 (2) TMI 870 - SC - Indian Laws

Summary

Issues involved: Challenge to judgment of Bombay High Court setting aside trial court's decision and directing acquittal of respondent u/s 5(1)(e) of Prevention of Corruption Act, 1947.

Judgment Summary:

Issue 1: Interpretation of Section 5(1)(e) of the Act
The respondent, a government servant, was convicted for possessing wealth disproportionate to known sources of income. High Court held that acquisition of wealth before 1964 could not be considered as an offence. Citing precedents, the High Court's view conflicted with the interpretation in Sajjan Singh v. State of Punjab. The Supreme Court agreed that the High Court overlooked the scope of Section 5(1)(e) and remitted the matter back for further consideration of all aspects raised in the appeal.

Key Points:
- High Court's decision conflicted with Sajjan Singh case.
- High Court's focus on pre-1964 wealth acquisition deemed incorrect.
- Supreme Court remitted the case for a comprehensive review by the High Court.

Outcome: The appeal was allowed to the extent of setting aside the High Court's decision on the interpretation of Section 5(1)(e) and remitting the case for further consideration of all aspects raised in the appeal.