TaxTMI 
TaxTMI 
2007 (4) TMI 573
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....ctions 5(2) and 5(l)(d) of the Prevention of Corruption Act, 1947. 3. The short facts of the prosecution case relevant for the purpose of deciding this appeal are as follows : Along with this accused, 17 other accused have been charged under the above provision of law. The investigation was done by SPE/CBI/ROW Chennai alleging that during 1973-75 all the accused have entered into a criminal conspiracy for circulating fake TP.1 permits and by transporting non-duty paid tobacco under fake T.P.1 permits direct to the consignee and by producing fake T.P.1 permits obtained genuine T.P.1 permits for sending non-duty paid tobacco and in pursuance of the criminal conspiracy Al to A18 committed various offences and caused pecuniary loss t....
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....ess examined on the side of the prosecution to prove the guilt of Al6 under Section 420 IPC r/w 34 IPC and under Section 5(2) r/w 5(1)(d) of Prevention of Corruption Act, 1947. 5. Mrs. S. Jayalakshmi, the learned Amicus Curiae appearing for A16 would contend that except the allegation that A16 while issuing L2 licence without care and caution had recommended the same in respect of a fictitious premises at door No. 149, Sugunapuram, there is no other allegation against Al6. under such circumstances, the charge levelled against A16 would not have been stated to be proved. 6. The learned Special Public Prosecutor for CBI Cases would also bring to the notice of this Court a dictum of the Apex Court in M. Narayanan v. State of Ke....
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....enactment. First taking the pharaseology used in the clause, the case of a public servant causing wrongful loss to the Government by benefitting a third party squarely falls within it. Let us look at the clause' by otherwise abusing the position of a public servant', for the argument mainly turns upon the said clause. The pharaseology is very comprehensive, it covers acts done 'otherwise' than by corrupt or illegal means by an officer absuing his position. The gist of the offence under this clause is, that a public officer absuing his position as a public servant obtains for himself or for any other person any valuable thing or pecuniary advantage. 'Abuse' means mis-use i.e., using his position for something for which it is not intended. Th....
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....es (a) and (c) the same word is used and in the context of those clauses it can only mean getting from a third party other than the Government and therefore the same meaning must be given to the said word in clause (d) 'obtains' in clauses (a) and (b) in the context of those provisions may mean taking a bribe from a third party, but there is no reason why the same meaning shall be given to that word used in a different context when that word is comprehensive enough to fit in the scheme of that provision." If we applies the principle laid down in the above said dictum A16 cannot be held guilty either under Section 420 r/w 34 IPC or under Section 5(2) and 5(l)(d) of the Prevention of Corruption Act, 1947. It cannot be said that he had mens....