NAR BAHADUR BHANDARI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Leave granted.

(2.) Cases were registered against the petitioner by C.B.I. on 26-5-84 and 7-8-84 under Section 5(2) read with Section 5(1)(e) and Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act 1947. On 7-1-87 the State of Sikkim issued a Notification withdrawing the consent given under Section 6 of the Delhi Special Police Establishment Act, 1946 to the C.B.I. for exercising powers and jurisdiction in the State of Sikkim for investigations of offences punishable under the provisions of the Indian Penal Code specified therein as well as offences under the Prevention of Corruption Act, 1947. The said Notification was challenged in a writ petition filed under Article 32 of the Constitution of India. This Court by its judgment dated March 29, 1994 allowed the writ petition and declared that the notification dated 7-1-87 withdrawing the consent given by the Government of Sikkim earlier operated only prospectively and the said withdrawal would not apply to cases which were pending investigation on the date of issuance of the said Notification. The Court observed that the notification dated 7-1-87 did not preclude the C.B.I. from submitting the report in the competent Court under Section 173, Cr. P.C. on the basis of the investigation conducted in RC 5/84-CIU (A) and RC 8/84-CIU (A). The judgment of this Court is reported in Kazi Lhendup Dorji v. Central Bureau of Investigation, 1994 Supp (2) SCC 116 : (1994 AIR SCW 2190).

(3.) It should be mentioned here that even before the said writ petition was filed, the Prevention of Corruption Act, 1947 (hereinafter referred to as 'The Act of 1947') was repealed and the Prevention of Corruption Act, 1988 (hereinafter referred to as 'The Act of 1988') came into force. The Act of 1947 was extended to the State of Sikkim with effect from 1-9-76. The Delhi Special Police Establishment Act, 1946 had been extended to the State of Sikkim with effect from 15-5-76. The Act of 1988 became applicable to the State of Sikkim from the date it came into force namely 9-9-88. On 13-9-1994 the following Acts were made applicable to the State of Sikkim: