B.P.SINHA, K.N.WANCHOO, P.B.GAJENDRAGADKAR
C. S. D. Swami – Appellant
Versus
State – Respondent
Judgment
SINHA, J. : This appeal by special leave is directed against the judgment and order of the High Court of Judicature for the State of Punjab at Chandigarh, dated April 11, 1957, affirming those of the Special Judge, Delhi, dated January 19, 1955, convicting the appellant under S. 5(2) of the Prevention of Corruption Act (2 of 1947). The sentence passed upon the appellant was six months rigorous imprisonment.
2. The facts leading up to this appeal, may shortly be stated as follows: During and after the Second World War, with a view to augmenting the food resources of the country, the Government of India instituted a "Grow More food Division" in the Ministry of Agriculture. S. Y. Krishnaswamy, a Joint Secretary in that Ministry, was placed in charge of that Division, with effect from January 2, 1947. The appellant was working in that Department as Director of Fertilizers. He was a former employee of the well-known producers of fertilizers, etc., called "Imperial Chemical Industries." Fertilizers were in short supply and, therefore, large quantities of such fertilizers had to be imported from abroad. As chemical fertilizers were in short supply not only in India but elsewhere a
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