Further referring to the rulings of the Supreme Court in various similar cases, the bench reiterated that in absence of proof of demand for illegal gratification or use of corrupt or illegal means or abuse of position for obtaining any valuable thing or for gaining pecuniary advantage, the said offences would not stand established.
Mere possession and recovery of currency notes is not sufficient to constitute offence, the judge added.
The Court further noted that even the mandatory sanction in the present case wasn’t valid as the concerned authority did not follow the due procedure.
Therefore, the bench set aside the conviction orders of a special court.
Source: Barandbench
