K C SINGH Vs. CBI

JUDGEMENT

(1.) K.C.Singh, the appellant herein, vide impugned judgment dated 24th July, 2010 in corruption case No. 37/2004, RC No. DAI-2001-A- 0029/CBI/ACB/New Delhi and the consequent order on sentence dated 27th July, 2010 has been convicted for the offences under Section 7 and 13(2) read with Section 13(1)(d) of P.C.Act, 1988 for having demanded illegal gratification of ' 5000/- from the complainant for issue of bus permit (on transfer) pursuant to his application and accepting the amount from his partner Nawab Khan to undergo RI for the period of 03 years and also to pay fine of ' 2500/-, in default, to undergo RI for a period of 03 months on respective charges. Feeling aggrieved by the aforesaid conviction and order on sentence, the appellant has preferred this appeal.

(2.) THE appellant, in his grounds for appeal, apart from challenging the impugned judgment on merits, has taken a plea that the impugned judgment is liable to be set aside for the reason that the cognizance taken in this case is bad as the order granting sanction for the prosecution of the appellant is illegal, having been issued without application of mind to the facts and circumstances of the case.

(3.) I have considered the rival submissions and perused the record. Section 19 of the Prevention of Corruption Act, 1988 provides for a complete bar on the powers of the court to take cognizance of the offences punishable under Sections 7, 10, 11, 13 and 15 of the P.C. Act against a public servant except with the previous sanction of the sanctioning authority as defined under Section 19 (a) to (c) of the P.C. Act. The object behind this provision is to provide a reasonable protection to the public servant against undue harassment by disgruntled elements against whom he might have taken some decision during the course of his official duty. The grant of sanction, thus, is a solemn function which, the sanctioning authority is required to perform with due care and due application of mind to the material placed before him/her along with the request for sanction for prosecution.