In Brief
The Supreme Court dismissed an appeal by the Central Bureau of Investigation challenging a High Court order that quashed corruption charges against a Commissioner of Central Excise. The CBI alleged he obtained bribes through a middleman in connection with an illegal raid. However, the Court found that intercepted telephone conversations relied upon by the CBI were cryptic and ambiguous, and critically, there was no proof that the respondent demanded or accepted any illegal gratification. The Court held that proof of demand is essential to establish an offence under Sections 7 and 13 of the Prevention of Corruption Act; mere recovery of money or proximity to suspects is insufficient. The High Court was within its powers to quash the proceedings for lack of material evidence connecting the respondent to the alleged conspiracy.
The lawyer headnote and full judgment text are available to registered users.