DARSHAN LAL DHAWAN Vs. C.B.I.

JUDGEMENT

(1.) The Appellant lays a challenge to the judgment dated 10th March, 2003 whereby he has been convicted for offence punishable under Section 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (in short the PC Act) and the order on sentence dated 11th March, 2003 whereby he has been directed to undergo rigorous imprisonment for a period of four years and a fine of Rs. 500/- on each count and in default of payment of fine to further undergo rigorous imprisonment for three months on each count.

(2.) Learned counsel for the Appellant contends that the sanction was granted on the basis of draft sanction order and thus there was no application of mind by the competent authority. Sanction was granted only under Section 7 PC Act whereas the charge-sheet was filed for offences under Section 7 and 13(2), cognizance was taken thereon and conviction awarded.

(3.) Learned Standing Counsel for the CBI on the other hand contends that as per the prosecution case the cheque to be paid to the complainant was in the possession of the Appellant and thus it cannot be said that he has no concern with the money due. In his statement under Section 313 Cr.P.C. the Appellant admits having made the receipts. A draft sanction order can always be sent by the investigating agency and a sanction granted on the basis of draft sanction order does not amount to non-application of mind. In any case in view of Section 19(3) of PC Act no finding or judgment can be reversed merely on account of illegality/ irregularity in the grant of sanction.