STATE OF GUJARAT Vs. DILIPSINH KISHORSINH RAO

JUDGEMENT

(1.) The proceedings initiated under the Prevention of Corruption Act, 1988 (hereinafter referred to as 'Act') against the respondent herein came to be questioned by him by filing an application for discharge on the ground of investigating officer (hereinafter referred to as 'IO') having failed to consider the written explanation offered by him with supporting documents and the conclusion reached by the sanctioning authority was also without considering the same reflecting non-application of mind and thereby the conclusion reached by the sanctioning authority that respondent accused possessed assets disproportionate to his known source of income is erroneous and the charge-sheet material do not reveal any circumstances or evidence to arrive at a conclusion that accused had disproportionate source of income. The said application having been rejected by the trial court by order dtd. 13/4/2016, respondent moved the High Court under Sec. 397 read with Sec. 401 of Cr.P.C. by filing Criminal Revision Application No.387 of 2016 and same having been allowed by the impugned order dtd. 11/1/2018, the State has approached this Court.

(2.) The sole question that arises for our consideration is whether the order of the sanctioning authority dtd. 5/3/2015 is liable to be set aside and consequently, the charge-sheet filed by Anti-Corruption Bureau, Anand Police Station on 17/6/2015 is liable to be quashed?

(3.) The case of the prosecution as laid in the chargesheet filed against the respondent is to the effect that during the period 2005 to 2011 the respondent by misuse of his power while discharging his duties as Sub-Inspector of Borsad Town Police Station and based on corrupt practices had acquired assets in his and his wife's name to the tune of Rs.1,15,35,319.00 which was beyond his known source of income and it was disproportionate to the tune of Rs.32,68,258.00 which is more than 40% of his known source of income.