G I PUNVANI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This petition under Section 482, Cr. P.C. has been moved for quashing of charges framed against him by the Special Judge, Anti- corruption (Central) at Lucknow in case No. 33 of 1975 under Section 5(2) read with Section 5(1)(E) of the Prevention of Corruption Act, 1947 (hereinafter to be referred to as the Act).

(2.) The Petitioner joined the Territorial Army in 1960. He was relieved from there in 1969 when he joined as Controller of Imports and Exports, in the Ministry of Commerce. He was retired compulsorily in 1982. The order of compulsory retirement was quashed in 1990 after the date of superannuation of the petitioner which was 31/01/1983. On 3-12- 1971 a First Information Report was lodged against the petitioner saying that he had issued bogus licences and had got money and also that he had purchased Royal Hotel, at Nainital and was living beyond his means. Investigation was carried out and finally charge-sheet was filed on 15-4-1975. However, it was only on 9-3-1981 that charges were framed in this case.

(3.) The learned counsel for the petitioner firstly urged that there has been inordinate delay in the trial because of which the petitioner should not be prosecuted any longer. It was also urged that the sanction was invalid. The petitioner also argued that assets not belonging to the petitioner were included in calculating the assets possessed by the petitioner and that he was not a public servant during the period when he was in the Territorial Army between 1960 and 1969 and, therefore, the assets acquired by him before 1969 could not be subject matter of prosecu tion. It was lastly urged that Section 5(2)(E) of the Act having been introduced in the Act only on 18-12-1964, any asset acquired by him before that date would not render him liable for being punished under this provision.