STATE Vs. VIPRA CHHAGANLAL KALIDAS

JUDGEMENT

(1.) THE opponent was convicted by the First Class Magistrate, Veraval, under Section 161, I.P.C. and sentenced to pay a fine of Rs. 500/ -. In appeal, the learned Sessions Judge, Sorath. Division, confirmed the opponent's conviction and sentence. The State has now applied for enhancement of the opponent's sentence. The opponent on his part disputes the correctness and the legality of his conviction.

(2.) THE opponent was the Chitnis in the office of the Mamlatdar, Veraval, and it is alleged that on or about 14.6.1950 he received Rs. 50/ - by way of illegal gratification from Rajput Kachra Hansraj of Khandeli in connection with some application which was pending in the Mamlatdar's office. The opponent's prosecution had been sanctioned by the Collector by his order No. EST/4293 of 1950 dated 8.7.1950 which reads as follows: Under Section 6 of Prevention of the Corruption Act 1947, sanction is accorded to prosecution of Chhaganlal Kalidas, Chitnis clerk, Veraval -Patan Mamlatdar's Office in a competent court of law for offences under Section 161, Indian Penal Code and Section 5(2) of the Prevention of Corruption Act 1947.

(3.) ADVERTING to this sanction their Lordships observed (p. 84): In order to comply with the provisions of Clause 23, it must be proved that the sanction was given in respect of the facts constituting the offence charged. It is plainly desirable that the facts should be referred to on the face of the sanction, but this is not essential, since Clause 23 does not require the sanction to be in any particular form, nor even to be in writing. But if the facts constituting the offence charged are not shown on the fact of the sanction, the prosecution must prove by extraneous evidence that those facts were placed before the sanctioning authority.. Nor, in their Lordships' view, is a sanction given without reference to the facts constituting the offence a compliance with the actual terms of Clause 23. This decision was followed in - Ramuni Variyar v. Narayana Varassiyar (Subha Rao) AIR 1949 Mad 711(B), which was a case of a conviction under Section 161, I.P.C. and - Nandlal Rex : AIR1950All377 .