Madras High Court Sets Aside Conviction Of Major General For Alleged Corruption In Supplies For Indian Peace Keeping Force At Srilanka In 1987

Case: Major General AK Gupta v State

Coram: Justice G Jayachandran

Case No.: Crl.A.No.443 of 2013

Court Observation: The conduct of the appellant, who fled from custody when he was taken to Ahmednagar to face Court-martial has weighed the mind of the  Court. The suspicion based on subsequent conduct and acceptance of the prosecution version without material to corroborate, warrants to interfere the decision of the trial Court

For arguments sake even if the evidence is sufficient,  taking note of the fact there is no loss to the Government since the material  been supplied and utilized. The violation of purchase regulations if construed to be corrupt practice, the said corrupt practice should have led to pecuniary advantage for the public servant or for any person to whom the public servant is interested with. In this case, it is admitted and proved that the rate  quoted by A3 was the least price and therefore, there cannot be any presumption  of loss to the State or wrongful gain to the supplier

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Madras High Court Sets Aside Conviction