Supreme Court · 1999 INSC 314 · Decided 9 August 1999
P. Nallammal v. State Represented BY Inspector of Police
- Court
- Supreme Court of India
- Citation
- 1999 INSC 314 · [1999] SUPP. 1 S.C.R. 135
- Case number
- CRIMINAL APPEAL No. 758/1999
- Decided
- 9 August 1999
- Bench
- K.T. THOMAS, M.B. SHAH (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 109; Constitution Article 136, 141; Prevention of Corruption Act Section 13(1)(e), 13, 13(l)(e)
Headnote
Criminal Law: Prevention of Corruption Act, I 988: Section I 3(/)(e)-0.lfence under-Held: Not unabettable-Hence, non­ public servant can also be tried along with a public servant. A B c Section 13(1)(e) Explanation-Wea/th-Possession of-Dispro­ portionate to known sources of income-Held: D intimated by the public servant in accordance with the law applicable to him. Section 13(/)(e)-Ojfence under-Ingredients of-Burden of proof­ Held: (i) Disproportionate to known sources of income and (ii) inability of public servant to account for it-Burden of proof on the first ingredient
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