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november 1987

Supreme Court of India · 1987-11-10

STATE OF MAHARASHTRA vs POLLONJI DARABSHAW DARUWALLA

Citation / case number
SC 1978/90328
Court
Supreme Court of India
Petitioner
STATE OF MAHARASHTRA
Respondent
POLLONJI DARABSHAW DARUWALLA
Author
M.N. VENKATACHALLIAH
Bench
M.N. VENKATACHALLIAH

Judgment text excerpt

The Supreme Court held that under Section 5(1)(e) of the Prevention of Corruption Act, it is not necessary for the prosecution to cover the entire service period of a public servant to establish disproportionate assets. The Court clarified that the prosecution must select a relevant period based on the allegations, and a ten-year period can provide a comprehensive picture of the public servant's income and assets. The burden of proof shifts to the defense once the prosecution establishes the essential elements of the offense, and the High Court's view regarding beneficial ownership in joint bank accounts was deemed erroneous.

STATE OF MAHARASHTRA vs POLLONJI DARABSHAW DARUWALLA · Niyam