Supreme Court of India · 1961-04-24
MAJOR E. G. BARSAY vs THE STATE OF BOMBAY
- Citation / case number
- SC 1958/192
- Court
- Supreme Court of India
- Petitioner
- MAJOR E. G. BARSAY
- Respondent
- THE STATE OF BOMBAY
- Bench
- SUBBARAO
Judgment text excerpt
The Supreme Court held that the Special Judge had jurisdiction to try the appellant under the Prevention of Corruption Act, 1947, and the Army Act, 1950, as the offences were triable under both laws. The Court ruled that the sanction for prosecution given by the Deputy Secretary was valid, as it did not need to be expressed in the name of the President. The Court also found that the investigation by the Inspector of Police was lawful and that the charge of conspiracy was maintainable despite the involvement of both public servants and non-public servants. The conviction of the appellant was upheld, affirming the High Court's decision.