STATE OF HIMACHAL PRADESH Vs. M P GUPTA

JUDGEMENT

(1.) These two appeals are interlinked as the point involved revolves round the scope and ambit of Section 197 of the Code of Criminal Procedure, 1973 (for short the 'Code'). The Himachal Pradesh High Court by the impugned judgment held that in the absence of requisite sanction in terms of Section 197 of the Code proceedings initiated against the respondent (hereinafter referred to as the 'accused') cannot proceed. Two proceedings were initiated against the accused, one was for alleged commission of offences punishable under Section 120-B, Section 420 read with Section 511 of the Indian Penal Code, 1860 (for short the 'IPC'). Section 5(2)(1)(d) of the Prevention of CorruptionAct, 1947 (for short the 'old Act') corresponding to Section 13(1)(d) of the Prevention of Corruption Act, 1988 (for short the "New Act"). The Special Judge (Forests), Shimla, directed the accused to be charged accordingly by his order dated 5-8-1995. In the other case charges were framed against the accused on 15-11-1995 for the offence punishable under Sections 467, 468, 471, 420, 120-B, IPC and Section 5(2)(1) (d) of the old Act corresponding to Section 13(1)(d) of the New Act.

(2.) Sheaving out unnecessary details, the accusations leading to the framing of charges are as under :-

(3.) In the meanwhile, some of the local units manufacturing barbed wires submitted a complaint to the Minister of State for Forests complaining against the procurement of barbed wire by the forest department from the H. P. Agro Industries Corporation in violation of the normal procedure and without obtaining the requisite non-availability certificate from the Controller of Stores. It was also complained that the sources adopted by the H. P. Agro Industries Corporation for procuring the barbed wire for supply to the forest department were from the units located at Dharampur. This complaint was forwarded by the Minister to the accused in his capacity as Chief Conservator of Forests on 20-11-1985 for his comments. The Additional Controller of Stores on 26-11-1985 also took an objection to the purchases having been effected by the forest department from the H. P. Agro Industries Corporation without obtaining the requisite non-availability certificate from the Controller of Stores. It was also suggested that the supply orders already placed with the said Corporation may be cancelled forthwith. Some reports also appeared in the press alleging serious irregularities in the purchase of barbed wire by the forest department. Instructions were also issued by the State Government through its Secretary in the forest department to all the Conservator of Forests in Himachal Pradesh to cancel all the supply orders in respect of barbed wire/GI wire placed with the H. P. Agro Industries Corporation. Consequently, against the supply order of 1200 M.T. placed with H. P. Agro Industries Corporation, supply of only 17.64 M.T. was actually effected through the Corporation, before the cancellation could be intimated to the suppliers.