AIR COMMODORE KAILASH CHAND Vs. STATE

JUDGEMENT

(1.) This petition is to revise the order of the Special Judge for S. P. E. and A.C. B. Cases, Hyderabad, dismissing the petition Crl. M. P. No. 62 of 1972 in C. C. Nos. 25 and 32 of 1969 filed under section 530 (p), Criminal Procedure Code read with section 6 of Act II of 1947.

(2.) The petitioner is the accused in both the cases being prosecuted for charges punishable under section 5 (2) of the Prevention of Corruption Act. He entered service as Commissioned Officer in the R. I. A. F. in 1941. His date of birth is 15th June, 1915. Therefore he retired from service on 16th June,, 1965 as Group Captain (A/Air Commodore). He was re-employed from 16th June, 1965 for a period of two years i.e., up to 15th June, 1967 with the rank of Air Commodore as Director of N.C.C. He was again re-employed for another peiiod of two years from 15th June, 1967. But however his services were terminated from 1st April, 1968. But from 16th June, 1965 to 15th June, 1970 he was transferred to the Regular Air Force Reserve under the provisions of the Reserve and Auxiliary Air Forces Act. The offences are said to have been committed during the period from 27th March, 1965 to 16th March, 1967 and the Court took cognizance of the offences in June, 1969 i. e., during the period when he was in the Regular Air Force Reseive.

(3.) The Accused therefore filed a petition under section 530 (p), Criminal Procedure Code, read with section 6 of the Prevention of Corruption Act, that he is a public servant, that the sanction from the President of India is necessary to take cognizance of the offence against him and that the want of sanction vitiates the proceedings. In the counter the State denied that the petitioner was taken into Air Force Reserve and contended that no sanction was necessary. But later it was conceded that he Was in the Air Force Reserve, but it was contended that he cannot be considered to be a public servant merely because of his being transeferred to the Regular Air Force Reserve and no sanction is necessary.