Appreciating Section 5 (2) of the Anti-Corruption Prevention Act, 1947, the tainted money was neither recovered from the accused's person at his request, but also from the floor lying at the feet of a third person and he also complained. The prosecuting magistrate did not hear the police officer negotiating between the complainant and the accused, but claimed that he saw the complainant going through great distances to the smuggler who found himself in serious doubt about his claim. That led to their prosecution. Failed to prove charge against the accused beyond reasonable doubt, the accused was acquitted accordingly
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