LAWS(SC)-1997-2-57

STATE OF TAMIL NADU Vs. M M RAJENDRAN

Decided On February 05, 1997
STATE OF TAMIL NADU Appellant
V/S
M M Rajendran Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment dated 26/7/1995 passed by the Madras High court in Criminal Appeal No. 9 of 1993. Such appeal was preferred by the respondent Mr. M. M. Rajendran against the judgment of the IIIrd Additional Sessions Judge, Madras dated 18/12/1992 passed in CC No. 1 of 1991 (Crime No. 3/90 - Vigilance and Anti-Corruption Police, Madras). The respondent was a Sub-Inspector of Police, Crimes attached to Saidapet Police Station. He was convicted by the learned Sessions Judge, Madras by the said order dated 18/12/1992 for the offence under S. 7, 13 (2 read with Section 13 (l) (d) (i) (ii) of the Prevention of Corruption Act and the consequential sentence passed for such offences. Before the High court, it was alleged by the appellant that the said criminal case was not maintainable for not obtaining proper sanction required to be given by the appropriate authority for proceeding under the Prevention of Corruption Act. The trial court, however, proceeded on the footing that proper sanction was accorded by the City Commissioner of Police, Madras who was the proper authority to grant sanction against the accused. The High court, has come to the finding that all the relevant materials including the statements recorded by the Investigating Officer had not been placed for consideration by the city Commissioner of Police, Madras because only a report of the Vigilance department was placed before him. The High court has also come to the finding that although the Personal Assistant to the City Commissioner of police, Madras has deposed in the case to substantiate that proper sanction was accorded by the City Commissioner of Police, the witness has also stated that the report even though a detailed one was placed before the commissioner by him and on consideration of which the Commissioner of