Judgment

RAGHUBAR DAYAL, J. : This appeal, by special leave, is against the order of the Patna High Court dismissing the appellant s appeal against his conviction for offences under S. 161, I. P. C., and S. 5(2) of the Prevention of Corruption Act, 1947 (Act II of 1947), hereinafter called the Act.

2. The appellant was the Construction Engineer at Sindhri. R. B. Basu was a contractor living in Calcutta and carrying on the business of the company named and styled the Hindustan Engineering & Construction Company. The prosecution alleged, and the Courts below have found, that the appellant accepted the sum of Rs. 10,000 as illegal gratification from Basu at the Kelner s Restaurant at Dhanbad Railway Station on July 18, 1951.

3. The Courts disbelieved the appellant s defence that he had taken the envelope containing this amount not knowing that it contained this amount, but knowing that it contained papers relating to Basu s contracts.

4. The contentions raised on behalf of the appellant are : (i) that the provisions regarding the presumption contained in S. 4 of the Act are unconstitutional; (ii) that the case was tried by the Special Judge who had no jurisdiction to try it; (iii) that th