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R.P.SETHI, K.T.THOMAS
State of Jammu and Kashmir – Appellant
Versus
Vinay Nanda – Respondent


JUDGMENT

Sethi, J.—Leave granted.

2. Corruption at any level, by any person, of any magnitude is condemnable which cannot be ignored by the judicial courts, when proved. No leniency is required to be shown in proved cases under the Prevention of Corruption Act which itself treats the offences under it of a special nature to be treated differently than the general penal offences. The convicts of the offences under the Act are to be dealt with heavy hand and deterrent rod. No populous or sympathetic approach is needed in such cases. The only exception is the existence of special circumstances for awarding the minimum sentence.

3. The important point of law involved in the present appeal is as to whether the benefit of Jammu & Kashmir Probation of Offenders Act can be extended to the convicts under the Jammu & Kashmir Prevention of Corruption Act, Svt. 2006 (hereinafter referred to as “the Act”).

4. The facts giving rise to the determination of the question noted hereinabove are that the respondent, when posted as cashier in the Procurement Department of the State of Jammu & Kashmir, tampered the record regarding the carriage of store articles to and fro through RTC vehic

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