UNION OF INDIA Vs. STATE OF U P

JUDGEMENT

(1.) K. Jayachandra Reddy, J.-This appeal by Union of India and Delhi Special Police Establishment, Chandigarh Branch and its two officials is filed against the judgment of the Punjab and Haryana High Court allowing a petition under Section 482, Cr. P.C., filed by Shri B. R. Bajaj, IAS. Finance Secretary, Union Territory of Chandigarh, who figured as an accused in the F.I.R. registered against him and some others. The appeal arises under the following circumstances.

(2.) IN the Union Territory of Chandigarh, a Unit of INdian Council of Child Welfare (hereinafter referred to as the "Council"), a registered Society was established. Shri B. R. Bajaj, respondent No. 1 being the Finance Secretary was the Ex-officio Vice-president of the said Council. Shri K. Banerjee, the Chief Commissioner of the Union Territory was the President of the said Council. On 23.4.1985 the Council sought permission of the Union Territory to run a lottery in order to raise funds for opening a rehabilitation centre for handicapped children and the Union Territory granted permission to the Council by its letter dated 10.7.1985. The funds thus raised were meant to be used for the welfare of the handicapped children. The Government of INdia, Ministry of Home Affairs issued guidelines on the running of lotteries to all the State Governments including the Union Territory of Chandigarh. As per the guidelines the maximum number of bumper draws in a year can be 12 and the minimum revenue accruing from the lottery can be atleast 15% of the gross value of the tickets printed for sale.

(3.) LEARNED counsel appearing for the Union of India submitted that the High Court has erred in quashing the F.I.R on the ground that the F.I.R and other materials do not disclose any offence on the basis of some records produced for the first time by Shri B. R. Bajaj and the Union Territory of Chandigarh and that the High Court erred in relying upon the affidavit of Shri K. Banerjee and the letter of Mrs. Shant Bhupinder Singh, Director, State Lotteries Punjab. It is also his submission that cognizable offences are clearly made out which need to be further investigated and in support of this submission he relied on several documents which are yet to be examined during the investigation.