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Narinder Singh v. State of Himachal Pradesh

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 1564 of 2014)Decided 25 Jul 2014
Criminal Appeal No. 1564 of 2014
Justice Ranjan Gogoi · Justice M.Y. Eqbal

Background

A furniture supplier placed Rs. 10,000 in an Additional District Magistrate's desk drawer during a discussion about possible government supply orders. The official objected, called the police and handed over the notes. The trial court acquitted the supplier, but the High Court convicted him of abetment under Section 12 of the Prevention of Corruption Act and imposed six months' imprisonment.

Decision Breakdown

The Supreme Court dismissed the supplier's appeal and upheld the conviction and sentence. It agreed with the High Court's assessment of the prosecution and defence evidence and its rejection of the trial court's approach to the statutory offence. The absence of a completed tender or supply order did not undermine the proved charge in the circumstances. Part of the investigation had been undertaken by an assistant sub-inspector before a gazetted officer was requested, but the defence had shown no serious prejudice from that investigation. The appellant was directed to surrender within one month to serve the six-month sentence.

Lesson Learnt

Offering money to a public official to obtain a favour can attract anti-corruption liability even when the official refuses it. A procedural objection to the investigation must be assessed for its effect on the fairness of the particular case.

Official source (sci.gov.in)View Judgment (PDF)

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