Whether statutory presumption available U/ S 20 of Prevention of Corruption Act, 1988 can be made applicable for offence punishable under Clause 13(1)(d) of said Act?

 From a conjoint reading of the decisions mentioned supra, it is made clear that statutory presumption available under Section 20 of Prevention of Corruption Act, 1988 cannot be made applicable for the offence punishable under Clause 13(1)(d) of the said Act. Further, it is discernible that if any Government Servant is involved in any crime, the Court has to verify as to whether he has misused his official position and caused pecuniary loss. Further, it is made clear that if there is no material to proceed further, at any stage of the proceedings, the same may be quashed.

Madras High Court

K.A.A. Salam vs Dy Superintendent Of Police on 16 September, 2015

CORAM: THE HONOURABLE MR. JUSTICE A. SELVAM

Criminal Original Petition No.7991 of 2013
and
Criminal Revision Case No.341 of 2013
and M.P.Nos.1 and 1 of 2013

Print Page