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.