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Criminal · Reportable judgment

State of Gujarat vs Navinbhai Chandrakant Joshi

Court
Supreme Court of India
Date
7 December 2018
Case No.
Miscellaneous Application No. 2597 of 2018
Bench
Ranjan Gogoi, R. Banumathi
Citation
[2018] 14 S.C.R. 1141 : 2018 INSC 1169
Supreme Court Reports [2018] 14 S.C.R. 1141 : 2018 INSC 1169
Headnote

Judgments/Orders – Modification of – Application filed by respondent no.1-accused no.2 seeking modification of the judgment dated 17.07.2018 reported in [2018] 9 SCR 329 wherein he was stated to be a Government servant, which is not factually correct – Held: Though, the respondent no.1 is not a Government servant, bribe amount in currency notes of Rs.500/- were recovered from him only – Thus, the ingredients of s.8, 1988 Act are established – Conviction of respondent no.1 u/ss.7 and 13(2) of the 1988 Act is modified as conviction u/s.8, 1988 Act – Sentence of one year reduced to six months – Prevention of Corruption Act, 1988 – ss.7, 8 and 13(2).

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The following Order of the Court was passed : ORDER This is a petition filed by the accused no. 2/respondent no. 1 to modify the judgment dated 17.7.2018 in Criminal Appeal Nos. 895-896/2018. In paragraph (3) of the judgment, the accused no. 2/respondent no. 1 has been stated to be the Government servant, which is not factually correct. Though, the accused no. 2/respondent no. 1 is not a Government servant, bribe amount in currency notes of Rs.500/- were recovered from him only; there were signs of anthracene powder noticed from the shirt pocket of the accused no. 2/respondent no. 1. Conside
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