Question
Which case held that mere recovery of tainted money is
not enough without proof of demand?Solution
In B. Jayaraj v. State of Andhra Pradesh, the Supreme Court laid down a crucial principle of anti-corruption jurisprudence. The Court held that mere recovery of tainted currency notes from a public servant does not prove the offence unless the prosecution independently establishes demand for illegal gratification. Without proof of demand, the presumption under Section 20 cannot be invoked. This judgment safeguards against mechanical convictions based solely on recovery.
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