STATE OF GUJARAT Vs. MADHAVBHAI NAROTTAM

JUDGEMENT

(1.) In this particular case a question arises about the scope and applicability of the presumption under sec. 4(J) of the Prevention of Corruption Act 1947 and the further question as to when the presumption under that section can be said to have been rebutted has to be considered. That section provides as follows :- -

(2.) This presumption under sec. 4(1) of the Act has come up for consideration in three recent decisions of the Supreme Court. The first of these cases is the case of StaGe of Madras v. Vaidyanath Iyer A. I. R. 1958 S.C. 61 and there it was laid down as follows :- -

(3.) In the subsequent case of C. I. Emden v. Sate of U. P. A. I. R. 1960 S. C. 5/8 the exact scope of the presumption under sec. 4(1) of the Prevention of Corruption Act and as to when that presumption can be said to have been rebutted were both considered by the Supreme Court. At page 551 it was held by the Supreme Court as follows :- -