MAJOR S K KALE Vs. STATE OF MAHARASHTRA
LAWS(SC)-1976-12-13
SUPREME COURT OF INDIA
Decided on December 17,1976

S.K.KALE Appellant
VERSUS
STATE OF MAHARASHTRA Respondents


Referred Judgements :-

M NARAYANAN NAMBIAR VS. STATE OF KERALA [FOLLOWED]



Cited Judgements :-

NIRMALENDU BISWAS VS. STATE [LAWS(GAU)-1987-6-2] [RELIED ON]
SUPERINTENDENT OF POLICE VS. M K GOPINATHAN [LAWS(KER)-1988-12-24] [REFERRED TO]
P KRISHNA PILLAI VS. STATE OF KERALA [LAWS(KER)-1988-12-38] [REFERRED TO]
STATE OF KERALA VS. SEBASTIAN JACOB [LAWS(KER)-1991-2-17] [REFERRED TO]
Krishnan VS. state [LAWS(MAD)-2002-9-215] [REFERRED TO]
CENTRAL BUREAU OF INVESTIGATION VS. MULANGI KRISHNASWAMY ASHOK KUMAR [LAWS(BOM)-1998-8-65] [REFERRED TO]
DATTATRAY KRISHNAJI GHULE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2006-3-81] [REFERRED TO]
STATE OF MAHARASHTRA VS. BHARAT BABURAO GAVHANE [LAWS(BOM)-2006-9-151] [REFERRED TO]
VARGHESE MATHEW VS. STATE OF KERALA [LAWS(KER)-2006-10-31] [REFERRED TO]
RAJENDRA KUMAR SINGH VS. STATE OF M P [LAWS(MPH)-1998-7-18] [REFERRED TO]
CBI, BANK SECURITIES AND FRAUDS CELL VS. AMBARISH SINGH AHLUWALIA [LAWS(MAD)-2014-7-197] [REFERRED TO]
JADABANDRA PATTNAIK VS. STATE OF ORISSA [LAWS(ORI)-1977-8-38] [REFERRED TO]
K.A.A. SALAM AND ORS. VS. DY. SUPERINTENDENT OF POLICE CBI:ACB [LAWS(MAD)-2015-9-106] [REFERRED TO]
P RAMA RAO VS. C B I [LAWS(DLH)-2011-12-230] [REFERRED TO]
BUTA SINGH VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(DLH)-1996-5-108] [REFERRED]
NEERA YADAV VS. C B I [LAWS(ALL)-2005-11-20] [REFERRED TO]
V.K.AHLUWALIA VS. THE STATE OF H.P. [LAWS(HPH)-1993-7-18] [REFERRED TO]
GEORGEKUTTY KURIAN VS. SPE/CBI KOCHI [LAWS(KER)-2016-5-56] [REFERRED TO]
STATE OF TAMIL NADU VS. N C NAHAR [LAWS(MAD)-2006-4-274] [REFERRED TO]
J JAYALALITHA VS. STATE OF TAMIL NADU [LAWS(MAD)-2001-12-9] [REFERRED TO]
NABIN CHANDRA KALITA VS. STATE OF ASSAM [LAWS(GAU)-1999-10-9] [REFERRED TO]
NARAYAN DIWAKAR S/O. LATE SH.CHATTI LTD VS. STATE OF MAHARASHTRA [LAWS(BOM)-2017-2-2] [REFERRED TO]
SUBRAMANIAN SWAMY VS. DIRECTOR, CENTRAL BUREAU OF INVESTIGATION [LAWS(SC)-2014-5-5] [REFERRED TO]
C B I A H D PATNA VS. BRIJ BHUSHAN PRASHAD [LAWS(SC)-2001-10-56] [REFERRED]
CHITTARANJAN SHETTY VS. STATE [LAWS(SC)-2015-9-127] [REFERRED TO]
RUNU GHOSH AND ORS VS. C B I [LAWS(DLH)-2011-12-479] [REFERRED]
VIJAY KUMAR PALLIWAL VS. STATE OF M P [LAWS(MPH)-2010-4-110] [REFERRED TO]
K. RATNA PRABHA VS. STATE OF TELANGANA [LAWS(APH)-2017-6-42] [REFERRED TO]
RATHNAVEL VS. STATE BY INSPECTOR OF POLICE [LAWS(MAD)-2018-1-294] [REFERRED TO]
SRI LANKA VENKATA SUBRAHMANYAM VS. THE STATE OF TELANGANA., REP. BY SPECIAL PP OF CBI, HYDERABAD [LAWS(APH)-2018-1-43] [REFERRED TO]


JUDGEMENT

Fazl Ali, J. - (1.) Corruption and nepotism is so rampant in our society of today, and more particularly in the services, that the Indian Penal Code was not considered sufficient to meet this menace, and the Prevention of Corruption Act, 1947(Act II of 1947) -hereinafter referred to as the Act- had to be enacted and amended from time to time to stamp out this evil. This is an appeal by special leave directed against the judgment of the Bombay High Court affirming the conviction of the appellant under Section 5 (1) (d) read with Section 5 (2) of the Act and the sentence of six months rigorous imprisonment passed by the Special Judge, Bombay.
(2.) The facts of the present case are more or less undisputed and are the least complicated and, therefore, they fall within a very narrow compass, and by and large we have to examine whether or not the inferences drawn by the High Court from the proved facts are legally correct and lead to only one hypothesis, namely, that the accused is guilty.
(3.) It may be necessary to give a re'sume of the prosecution case before indicating the evidence and the circumstances relied upon by the courts below in convicting the appellant. The appellant was a senior officer in the Army, holding the rank of a Major, and was at the material time the Local Purchase Officer, hereinafter to be referred to as LPO, at Ordnance Depot at Talegaon Dabhade, District Poona. Following the Chinese attack in 1962 an Emergency was declared and the Army required certain engineering tools to be supplied immediately. The Ordnance Depot, Jabalpur, sent a requisition of engineering tools to the Ordnance Depot at Talegaon Dabhade, Poona. In this connection the Control Officer of the Ordnance Depot wrote a letter to the Group Officer requesting him to despatch the stores immediately. The Group Officer consequently wrote a letter to the appellant who was the LPO at the relevant time to arrange the supply of stores immediately. The appellant was directed to purchase the stores locally and to deliver them to the Group Officer. The Group Officer also indicated in his letter that the stores requisitioned by him were not available at the Depot at Talegaon. The detailed list of the tools, which is at Ext. 9, was received by the appellant on March 27, 1963. On the same day the Chief Ordnance Officer passed an order enabling the LPO to immediately purchase the tools on cash purchase basis.;


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