LAWS(DLH)-2018-4-368

JASBIR SINGH CHAWLA Vs. C B I

Decided On April 25, 2018
Jasbir Singh Chawla Appellant
V/S
C B I Respondents

JUDGEMENT

(1.) Crl.M.A.7647/2018 (exemption)

(2.) Learned counsel for the petitioner submits that the production of the file is necessary to show that there was no application of the mind at the time when the sanction was granted and there was no material before the sanctioning authority to grant sanction.

(3.) The Trial Court has declined to accept the application on the ground that the sanctioning authority had appeared as a prosecution witness being PW4 Gajinder Singh and was cross-examined at length. At the point of time when the said witness was in the witness box and was cross-examined, production of the file was not sought by the petitioner. The Trial Court was of the view that no purpose would be served in mere production of the file when no witness would be produced to depose or prove the contents of the file.