The presumption under S. 5(3) of the Prevention of Corruption Act shifts the burden of proof to the accused to prove that he is not guilty of criminal misconduct.

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 also, an international body known as the "International Emergency Food Council" (I.E.F.C.) had been set up in United States of America, and India was a member of the same. That body used of consider the requirements of different countries in respect of fertilizers, and used to make allotments. Russia was not a member of that organization. Towards the end of 1946, a Bombay firm, called Messrs. Nanavati and Company , which used to deal in fertilizers and had business contacts with Russia, offered to supply ammonium sulphate from Russia to the Government of India. In the years 1947 and 1948, considerable quantities of ammonium sulphate were obtained through Messrs. Nanavati and Company aforesaid. One D. N. Patel, who was a former employee of Messrs. Nanavati and Company, joined a partnership business under the style of Messrs, Agri. Orient Industries Limited of Bombay . This firm obtained a contract from the Government for the supply of twenty thousand tons of ammonium sulphate from United States of America, in February, 1950. In the course of this business deal, the said Patel experienced some difficulty in obtaining Government orders regarding some consignments. The appellant was approached in that connection, and it is alleged that Patel paid to the appellant Rs. 10,000 at Bombay as bribe for facilitating matters. But in spite of the alleged payment, difficulties and delays occurred and the consignments, even after they had reached their destination in India, were not moving fast enough, thus, causing considerable loss to the firm in which Patel was interested. Patel, therefore, approached Shri K. M. Munshi who was then the Minister for Food and Agriculture in Delhi, and disclosed to him the alleged payment of bribe of Rs. 10,000 as also the fact that the appellant had been receiving large sums of money by way of bribes for showing favours in the discharge of his duties in the Department. The Minister aforesaid directed thorough enquiries to be made, and the matter was placed in the hands of the Inspector-General of Special Police Establishment. A departmental committee was also set up of three senior officers of the Department to hold a departmental inquiry, and ultimately, as a result of that inquiry, the Minister passed orders of dismissal of the appellant, in August, 1950. A further inquiry in the nature of a quasi-judicial inquiry, was held by the late Mr. Justice Rajadhyaksha of the Bombay High Court, in 1951. The inquiry related to matters concerned with the import of fertilizers into India. After receipt of the report of the inquiry by the late Mr. Justice Rajadhyaksha, in January, 1952, and after the consideration of the matters disclosed in that report, a first information report was lodged on April 4, 1952, and through investigations were