K R SANTHANAM Vs. STATE

JUDGEMENT

(1.) THE appellant is the accused-a government servant who has been convicted under Sec. 161 of the Indian Penal Code and Sec. 5 (1) (d) of the prevention of Corruption Act and sentenced to undergo rigorous imprisonment for one year under each of the sections, and in addition he has also been fined a sum of Rs. 1,000 under the latter section.

(2.) THE only point raised in the appeal is that there is no valid sanction for prosecution as required under Sec. 6 of the Prevention of corruption Act and Sec. 197, Crl. P. C. and therefore the entire proceedings is illegal and liable to be set aside.

(3.) THE learned counsel for the appellant then would rely on two decisions of this Court viz. , Charles Waker Devadass v. State, by inspector of Police, 1993 M. L. J. (Crl.) 681:1993 L. W. (Crl.) 346 arid S. Narayana pillai v. THE State of Tamil Nadu represented by Inspector of Police Vigilance and Anti-corruption, Nagercoil, 1993 L. W. (Crl.) 107 and argue that in these two cases the sanction orders were similar to the sanction order filed in this case and therein it has been held that the sanction order was not valid sanction order.