N P JHARIA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant N.P. Jharia has been convicted under Section 5(1)(e) read with Section 5(2) of the Prevention of Corruption Act, 1947 (hereinafter to be referred to as the Act) and sentenced to rigorous imprisonment for three years and to a fine of Rs. 75,000/-.

(2.) It is not in dispute that the appellant was appointed as Sales Tax Officer on 16-9-1975 and he was occupying that post during the check period of 16-9-1975 to 31-12-1983. He was married to Pushpa Jharia (DW1) in the year 1969 and he has three children.

(3.) The prosecution case is that during the period 16-9-1975 to 31-12-1983 the appellant was in possession of pecuniary resources and property worth Rs.10,19,210/- as disproportionate to his known sources of income. A detailed discussion will be made later in this judgment. After investigation the Special Police Establishment had submitted "Final Report" on 1-3-1990 informing the Court that no offence is made out against the appellant. That final report was accepted by the Special Judge on 17-4-1990. But on 1-7-1992 the S.P.E. submitted an application before the Special Judge for permisison for further investigation. The Special Judge permitted reinvestigation. Thereafter, the sanction for prosecution was obtained from the State Government on 1-3-1995 and that is Ex. P. 19. The charge sheet was filed in the Court on 24-7-1995.