Defence Legal

In a NDPS case Supreme Court acquited accused observing that the Police did not give any option to them to be searched before a Magistrate of a competent Gazetted Officer. 50 of NDPS Act.
:- Sanjeev vs State of Himachal Pradesh | CrA 870 OF 2016 | 9 March 2022

Supreme Court has observed that offence s.7 of prevention of corruption can not be established unless there is proof of demand of bribe or gratification from public servent. Mere acceptance of amount is not sufficient to establish the offence of bribery
The offence under Section 7 of the PC Act relating to public servants taking bribe requires a demand of illegal gratification and the acceptance thereof. The proof of demand of bribe by a public servant and its acceptance by him is sine quo non for establishing the offence under Section 7 of the PC Act." :K. Shanthamma vs State of Telangana | CrA 261 OF 2022 | 21 Feb 2022