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"In the present case there is no evidence against the
petitioners except the diaries, note books and the loose
sheet with regard to the alleged payments. The said
evidence is of such a nature which cannot be converted
into legal evidence against the petitioners, in view of
my above discussion. There is no evidence in the instant
case with regard to the monies which are alleged to
have been, received by Jains for the purpose of
disbursement. There is no evidence with regard to the
disbursement of the amount. Then there is no evidence
with regard to the disbursement of the amount. Then
there is no evidence with regard to the fact to prove
prima facie that the petitioners i.e. Shri L.K. Advani and
Shri V.C. Shukla accepted the alleged amounts as a
motive or reward for showing favour or disfavour to
any person and that the said favours and disfavours
were shown in the discharge of their duties as public
servants as contemplated by 5.7 of the Act {Prevention
of Corruption Act, 1988}. Thus the court will have to
presume all the above facts in the absence of any
evidence in connection therewith to frame charges
against the petitioners."