Supreme Court of India · 1962-12-05
M. NARAYANAN NAMBIAR vs STATE OF KERALA
- Citation / case number
- SC 1961/257
- Court
- Supreme Court of India
- Petitioner
- M. NARAYANAN NAMBIAR
- Respondent
- STATE OF KERALA
- Bench
- SUBBARAO
Judgment text excerpt
The Supreme Court upheld the conviction of the appellant under Section 5(1)(d) of the Prevention of Corruption Act, 1947, for abusing his position as a public servant to obtain government land for his brother-in-law without disclosing the relationship and undervaluing the trees on the land. The Court emphasized that a penal statute must be construed strictly, requiring a dishonest intention as an ingredient of the offence. It found that the High Court violated principles of natural justice by not allowing the appellant to contest the prosecution's evidence, necessitating a remand for further proceedings.