Breaking SUPREME COURT REAFFIRMS PUBLIC DOMAIN PROTECTION FOR DIGITAL LAWS
New Delhi · Monday, 21 September 2026 9888666310 | [email protected]
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Supreme Court of India 2017-08-04 dismissed

State through Central Bureau of Investigation vs Anup Kumar Srivastava

Bench: 2 — R.K. Agrawal

In Brief

A Central Excise Commissioner was accused of conspiring to conduct a fake raid and extort Rs 60 lakhs through a middleman using intercepted phone calls as evidence. The Supreme Court dismissed the CBI's appeal against the High Court's order quashing charges, holding that the two key intercepted calls (Nos. 48 and 51) did not establish the respondent's involvement. Call 48 showed he was not in the picture; Call 51 used cryptic language that remained ambiguous. Critically, the prosecution failed to prove demand for illegal gratification, which the Court held indispensable under the Prevention of Corruption Act. Without demand, mere proximity or recovered money cannot sustain a conviction.

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Criminal Procedure Corruption Conspiracy Illegal Gratification Charge-Framing Quashing of Proceedings Prevention of Corruption Act Intercepted Communications

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