PADAM SEN AND ANOTHER vs THE STATE OF UTTAR PRADESH

The Supreme Court held that the Munsif lacked jurisdiction to appoint a commissioner for seizing account books under Section 151 of the Code of Civil Procedure, 1908, rendering the appointment null and void. Consequently, the commissioner, R, could not be considered a public servant under Explanation 2 to Section 21 of the Indian Penal Code, 1860, and thus the appellants did not commit an offence under Section 165-A IPC by offering him a bribe. The court emphasized that inherent powers do not extend to substantive rights of litigants, affirming the appellants' acquittal.