Judgment

VENKATACHALIAH, J. :- This appeal, by special leave by the State of Maharashtra, arises out of and is directed against the judgment, dated, April 29-30, 1976 of the High Court of Judicature at Bombay in Criminal Appeal No. 1044 of 1973 on its file setting aside respondents conviction and sentence dated 21-7-73, under S. 5(1)(e) read with S. 5(2). Prevention of Corruption Act of 1947 (Act for short) in Special Case No. 24/70 on the file of the Special Judge, Greater Bombay.

The Special Judge held respondent guilty of the charge of criminal misconduct in that respondent was in possession of property and pecuniary resources, disproportionate to his known sources of income for which he could not satisfactorily account; and sentenced respondent to undergo rigorous imprisonment for 3 years and to pay a fine of Rs. 20,000.

The High Court allowing respondents appeal before it acquitted him of the charge. The State has come up in appeal.

2. At the relevant time, respondent, Pollonji Darabshaw Daruwalla, was an appraiser in the customs department at Bombay. He and several other customs officers were suspected of their complicity in certain offences, concerning export of stainless steel