N L MANCHANDA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) THESE two criminal revision petitions have been filed by Mr. N. L. Manchanda and Mr. Ashok Shetty for setting aside Order dated 13th November, 2007 directing framing of charges against the petitioners under Section 120-B of the Indian Penal Code, 1860 (hereinafter referred to as IPC, for short) r/w Section 5(1)(d) and 5(2) of the Prevention of Corruption Act, 1947 (hereinafter referred to as P.C. Act, for short). Substantive charge has also been directed to be framed against the petitioner-Mr. N. L. Manchanda under Section 5(1)(d) r/w 5(2) of the P.C. Act.

(2.) THE petitions raise three contentions. Petitioners have questioned the impugned Order on the point of charge, on merits. Secondly, sanction under Section 6 of the Act has been challenged on the ground that it has not been issued by the competent authority and lastly, sanction under Section 188 of Code of Criminal Procedure, 1973 (hereinafter referred to as the Code, for short) has been challenged on the ground that it has not been issued by the competent authority as per Government of India (Allocation of Business) Rules, 1961 (hereinafter referred to as the Rules, for short). THE first and the third contentions have been seriously argued by the parties.

(3.) SECTION 188, by a legal fiction, stipulates that offences committed by citizens of India on high seas or elsewhere i.e. anywhere, even outside India, or by any person including a foreign national on any ship or aircraft registered in India can be directed to be dealt with as if the accused had committed them at any place within India at which he may be found. The proviso to SECTION 188 of the Code puts an embargo that such offences will not be inquired into or tried in India except with the previous sanction of the Central Government. Normally, judicial power of a State extends to punish all offences committed by whomsoever against the municipal laws of the State within the national territory. The State has power to punish all offences committed within the State. SECTIONs 177-186 of the Code deal with the venue or the place of inquiry or trial of crimes. As per SECTION 177 of the Code, proper and ordinary situs for the trial of a crime is the area of jurisdiction in which acts have occurred or are alleged to constitute the crime. However Code envisages flexibility and there are several exceptions to SECTION 177. Further, the code is a procedural provision to ensure a fair and just trial and also to bring offenders to justice to meet out punishment to them in accordance with prescribed procedure.