DHANVANTRAI BALWANTRAI DESAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) n this appeal by special leave from the judgment of the High Court of Bombay affirming the conviction and sentences passed on the appellant in respect of offences under S. 161, Indian Penal Code and S. 5 (1) (d) of the Prevention of Corruption Act, 1947 (2 of 1947) read with S. 5(2) thereof, the only point urged is that the presumption raised against the appellant under S. 4 of the Prevention of Corruption Act must be held to have been rebutted by the explanation given by him inasmuch as that explanation was both reasonable and probable.

(2.) In order to appreciate the contention it is necessary to state certain facts.

(3.) In the year 1954 the appellant was appointed Resident Engineer for Light Houses and posted to Bombay. He was due to retire in January, 1955 but he was given extensions from time to time. The complainant, M. M. Patel (who will hereafter be referred to as the complainant) is a building contractor. It was proposed to re-construct a light house at Tolkeshwar Point which is situate on the West Coast, somewhere between Rantnagiri and Karwar. The complainant submitted a tender for the construction on March 21, 1956. That tender was accepted on June 30, 1956 and a work order was issued to him. The general conditions governing the contract are contained in the set of papers inviting tenders.