LAKSHMI SHANKER SRIVASTAVA Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) The appellant in this appeal by special leave limited to the determination of the question : whether the sanction is valid in law or not, has been convicted for offences under S. 5 (2) read with S. 5 (1) (d) of the Prevention of Corruption Act, 1947 ('Act' for short), and S. 161 of the I. P. C., and was sentenced to suffer rigorous imprisonment for 18 months on each count and a fine of Rs. 200/- in default to suffer further rigours inprisonment for a period of two months, for an offence under S. 5 (2) of the Act. His appeal being Criminal Appeal No. 54 of 1971 was dismissed by the High Court of Delhi and the conviction and sentence were confirmed.

(2.) As the leave is limited to the question of the validity of sanction accorded under S. 6 of the Act, it is not necessary to set out in detail the prosecution case, Briefty stated, the prosecution cases is that the appellant who was employed at the relevant time as Investigator in the Office of the Chief Controller of Imports and Exports ('C. C. I. E.' for short), accepted from one P. T. Toprani an amount of Rs. 250/- by way of illegal gratification which was not his legal remuneration in presence of witnesses on 18th June 1969 at about 5.30 p. m. near Gujarati Samaj Sabha, Delhi. D. S. P. Badri Sharma appeared as soon as the trap arranged by him materialised and recovered the amount of Rs. 250/- from the appellant. After completing the investigation the appellant was chargesheeted for the offences herein above mentioned.

(3.) Section 6 of the Act forbids the Court from taking cognizance, inter alia, of offences punishable under Sec. 161. I. P. C. and under sub-sec. (2) of S. 5 of the Act except with the previous sanction of the authority therein set out. Necessary sanction was accorded by the Jt. C. C. I. E. on 26th Nov. 1969. The relevant portion of the sanction reads as under :