Appeals by Special Leave from the Judgment and Order dated 27 11 73 and 11 1 1974 of the Delhi High Court in Criminal Appeal No.
16 of 1967 on the ground that survival of section 5 3 of the Act and making it applicable retrospectively was void and unconstitutional as it was in violation of Art.
274 of 1974 is against the order of the High Court remanding the case for fresh trial and Criminal Appeal No.
Aggrieved by the decision, the State preferred an appeal to the Delhi High Court on 11th April, 1967.
16 of 1967 and remanded the case to be tried from the stage at which it was pending on 18th December, 1964.
274 275 of 1974.
K. Garg, V. J. Francis and D. K. Garg for the Appellant.
Soli J. Sorabji, Addl.
16 of 1967 came into force.
14 and 20 1 of the Constitution.
But the Special Judge held that the assets of the appellant from 1st July, 1955 to 30th April, 1961 had exceeded his income by Rs.
33,588.34 and they were disproportionate to the known sources of income of the petitioner.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos.
R. N. Sachthey for the Respondent.
He was also charged with specific offences of accepting Rs.
Genl.,
275 of 1974 is against the order of the High Court refusing to grant a certificate of fitness for appeal to this Court.
S.C.A. No.
80 of 1973.
18 12 1964.
80/73 respectively.
The Special Judge who tried the case acquitted the appellant by his order dated 19th January, 1967 holding that neither the charge of companyspiracy number any other charge against the accused was proved.
Pending the appeal before the High Court, Act No.
16 of 1967, received the assent of the President on 20th June 1967 and came into effect on 5 5 1967 reintroducing S. 5 3 in the Act w.e.f.
6000 and Rs.
The appellant was chargesheeted on 26th December, 1963 for an offence under section 120 B, Indian Penal Code, for entering into a criminal companyspiracy with one Sirajuddin and one Rehman to accept from them illegal gratification in the discharge of his official duties.
78 of 1967 and Order dated 11th January, 1974 in Cr.
The Judgment of the Court was delivered by KAILASAM, J. These appeals are by special leave against the judgment of the High Court of Delhi in Criminal Appeal No.
A Division Bench of the High Court of Delhi by its judgment dated 27th November, 1973 allowed the appeal upholding the validity of Act No.
78/67 and Crl.
