S. N. BOSE vs STATE OF BIHAR

The Supreme Court upheld the conviction of the appellant, an assistant medical officer, under Section 161 IPC and Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947. The Court ruled that the investigation conducted by the Inspector of Police was valid as it was authorized by the First Class Magistrate, despite the lack of detailed reasoning in the permission granted. The Court clarified that the presumption under Section 4 of the Act can be drawn if the prosecution proves that the amount was paid as a bribe, and the appellant's claim that the money was a loan did not rebut this presumption sufficiently. The sanction to prosecute was deemed valid as it was granted by the Chief Medical Officer, who was competent to do so.