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1962 (12) TMI 96 - SC - Indian Laws

Issues Involved:
1. Applicability of Section 5(1)(d) of the Prevention of Corruption Act, 1947.
2. Reliance on a report filed without giving an opportunity to the appellant to contest it.

Issue-Wise Detailed Analysis:

1. Applicability of Section 5(1)(d) of the Prevention of Corruption Act, 1947:

The appellant, a Special Revenue Inspector, was convicted under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947, for abusing his position to assign government land to his brother-in-law by making false entries. The prosecution argued that the appellant dishonestly underestimated the land's value to help his brother-in-law, thereby committing an offence under the Act. The appellant contended that Section 5(1)(d) should be strictly construed and only cover direct benefits obtained from third parties, not wrongful loss to the government.

The court examined the provisions of Section 5(1) and concluded that the phrase "by otherwise abusing his position as a public servant" is comprehensive and includes acts done by a public servant to obtain any valuable thing or pecuniary advantage, whether for himself or another person. The court stated, "The gist of the offence under this clause is that a public officer abusing his position as a public servant obtains for himself or for any other person any valuable thing or pecuniary advantage." The court rejected the appellant's argument that the clause should be limited to benefits obtained from third parties, noting that the Act aimed to prevent corruption broadly, including wrongful loss to the government.

The court emphasized that the Act was designed to combat bribery and corruption comprehensively, stating, "The long title as well as the preamble indicate that the Act was passed to put down the said social evil i.e., bribery and corruption by public servants." The court held that the appellant's actions fell within the mischief of Section 5(1)(d) and upheld the conviction.

2. Reliance on a Report Filed Without Giving an Opportunity to the Appellant to Contest It:

The appellant argued that the High Court erred in relying on a valuation report filed by the District Forest Officer without giving him an opportunity to contest its correctness. The court found that the High Court had directed in open court that a statement showing the value of the timber should be submitted by either party, but the appellant did not file any statement. The State filed a statement, which the High Court used in its judgment.

Despite this, the court held that the principles of natural justice were violated as the appellant was not given an opportunity to file objections or contest the report's reliability. The court stated, "We think the principles of natural justice require that no court shall give a finding whether on fact or law and particularly on facts without giving an opportunity to all the contesting parties." Consequently, the court set aside the High Court's finding on the valuation of the trees and remitted the case for a fresh finding on this issue.

The court directed the High Court to submit a revised finding on the valuation question within two months, allowing the respondent to file a further statement and the appellant to file objections. The court emphasized that the objections filed by the appellant in the Supreme Court should also be considered by the High Court.

Conclusion:

The Supreme Court upheld the conviction under Section 5(1)(d) of the Prevention of Corruption Act, 1947, but remitted the case to the High Court for a fresh finding on the valuation issue, emphasizing the need to adhere to the principles of natural justice.

 

 

 

 

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