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2003 Supreme(Bom) 1349

A.S.AGUIAR
Sudhakar Hari Jadhav – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT - AGUIAR A.S., J.:---This appeal arises from the judgment and order of the Special Judge, Nashik convicting the accused-appellant for the offence under sections 7 and 13(i)(d)(ii) read with section 13(2) of the Prevention of Corruption Act, sentencing him to suffer R.I. for one year and to pay a fine of Rs. 200/- in default, R.I. for one month.

2. The said judgment and order is impugned on several grounds, inter alia that no anthracene power was applied to the currency notes which were alleged to be given to and received by the accused and therefore, the best evidence which would have conclusively proved the passing of the currency notes was not made available.

3. The case of the prosecution is that during the period between 1-10-86 to 30-4-86, the accused-appellant was working as Supply Inspecting Officer in the Civil Supply Office at Igatpuri. The complaint came to be lodged against the accused on 23-3-87 with the Anti Corruption Office at Nashik alleging that the accused had demanded a sum of Rs. 100/- by way of illegal gratification for releasing one tin of palm oil which was allegedly detained by the godown keeper of the Civil Supply Department at the instance of the ac























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