GAURI SHANKER Vs. STATE

JUDGEMENT

(1.) Gauri Shankar has filed this appeal against his conviction and concurrent sentences of three years, R.I. Under Sec. 5(2) of the Prevention of Corruption Act and two years' R.I. Under Sec. 161 IPC.

(2.) It is unnecessary to mention the facts of this case at any length, as the appeal is likely to succeed on a preliminary point -to be indicated presently -urged on behalf of the Appellant. The facts, material for the appreciation of the said point, are these:

(3.) According to Sri Varshney as the aforesaid sanction does not set out the facts constituting the offence with which the Appellant was charged and there is no other material on the record from which it can be gathered that those facts were before the sanctioning authority when it granted the sanction, Ex. Ka -11, the said sanction was defective and no cognizance of the offence could be taken on the basis of such a defective sanction. After hearing the learned Counsel for the parties and examining the authorities, I am satisfied that the sanction, Ex Ka -11, is not in accordance with law and the prosecution of the Appellant must, consequently, be held to be without jurisdiction and void ab initio.