The quantum of bribe is immaterial for judging gravity of the offence under PC Act.
Proceedings under PC Act cannot be quashed on the ground of delay in conclusion particularly where the accused adopted dilatory tactics.

JUDGMENT

Dipak Misra, J.:- The gravamen of grievance of the petitioners in this petition preferred under Article 32 of the Constitution of India pertains to procrastination in trial, gradual corrosion of their social reputation, deprivation of respectable livelihood because of order of suspension passed against the petitioner No. 1 during which he was getting a meagre subsistence allowance and has reached the age of superannuation without being considered for promotion, extreme suffering of emotional and mental stress and strain, and denial of speedy trial that has impaired their Fundamental Right enshrined under Article 21 of the Constitution. The asseverations pertaining to long delay in trial have been made on the constitutional backdrop leading to the prayer for quashment of the proceedings of Special Case No. 4 of 1993 pending in the court of learned Special Judge, Greater Bombay.

2. Before we proceed to state the factual score, it is necessary to mention that this is not the first time that the petitioners have approached this Court. They, along with others, had assailed the order of the High Court of Bombay declining to quash the criminal proceedings against the petitioners and others on the ground of delay in investigation and filing of charge sheet in three special leave petitions which were converted to three criminal appeals, namely, Criminal Appeal Nos. 176 of 2001, 177 of 2001 and 178 of 2001. This Court adverted to the facts and expressed the view that there was no justification to quash the criminal prosecution on the ground of delay highlighted by the appellants in all the appeals. However, this Court took note of the allegations against two senescent ladies who were octogenarians relating to their abetment in the commission of the crime and opined that the materials were insufficient to prove that the old ladies intentionally abetted the public servant in acquiring assets which were disproportionate to his known sources of income and further it would be unfair and unreasonable to compel them, who by advancement of old age, would possibly have already crossed into geriatric stage, to stand the long trial having no reasonable prospect of ultimate conviction against them and, accordingly, on those two grounds, allowed the appeals preferred by them and quashed the criminal prosecution as far as they were concerned. The other appeals, preferred by the public servant and his wife, stood dismissed.

3. Be it noted, in the said judgment, while quashing the proceedings against the two ladies, this Court referred to the decision in Rajdeo Sharma v. State of Bihar[(1998) 7 SCC 507] and observed that the trial was not likely to end within one or two years, even if the special court would strictly adhere to the directions issued by this Court in Rajdeo Sharma’s case.

4. The facts as uncurtained are that the Anti Corruption Bureau (ACB), after conducting a preliminary enquiry, filed an FIR on 26.6.1986 against the petitioner No. 1 who was a Deputy Commissioner in the Department of Prohibition and Excise, Maharashtra Government, for offence punishable under Section 5(2) of the Prevention of Corruption Act, 1947. The lodgement of the FIR led to conducting of raids at various places and, eventually, it was found that the petitioner, a public servant, had acquired assets worth Rs.33.44 lakhs which were in excess of his known sources of income. After the investigation, the Government of Maharashtra was moved for grant of sanction which was accorded on 22.1.1993 and thereupon, the charge-sheet was lodged against the petitioners along with two old ladies on 4.3.1993 before the Special Court. The offence alleged against the petitioner, the public servant, was under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988. Allegations against the ladies were abetment for the main offences. As there was delay in conducting the investigation and filing of charge-sheet and disposal of certain interlocutory ap