BAPPADITYA ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revisional application under Section 482 of the Code of Criminal Procedure, 1973 was directed for quashing the proceeding in Special Case No. 3 of 2000 pending before the learned Additional Sessions Judge, First Court, Nadia-cum-learned Special Court under Prevention of Corruption Act, 1988 and all orders passed therein including the orders dated 1.3.2000 and 21.1 1.2000 arising out of Kotwali Police Station Case No. 13 dated 12.1.1999.

(2.) It is the allegation of the prosecution that the petitioner, Bappaditya Roy while holding the post of Sub-Divisional Controller, Food and Supply, Krishnanagar was caught red handed at the time of receiving bribe of Rs. 5,000/- from one Paritosh Karmakar. The case was instituted against him for committing offence under section 7/13 of the Prevention of Corruption Act, 1988. After investigation charge-sheet was submitted along with purported sanction order being No. CON-69/FS dated 14.2.2000 issued by Mr. Dipak Rudra, the Commissioner, Food and Principal Secretary, Food and Supplies Department, Government of West Bengal. The petitioner challenged the propriety of the said sanction order inasmuch as the Commissioner, Food and Principal Secretary, Food and Supplies Department, Government of West Bengal was not authorised to grant sanction for prosecution against the petitioner and as such the initiation of the proceeding and all subsequent actions thereon are all void, illegal and without jurisdiction. The said sanction order was not issued either in the name of the Governor of the State who is the appointing authority of the petitioner or under his order and as such the same is without the authority of law. It is stated in the revisional application that the learned trial Judge after having placed reliance on the opinion of the Legal Remembrance of the Government of West Bengal came to the conclusion that the sanction order was valid.

(3.) The certified copies of the relevant orders dated 1.3.2000 and 21.11.2000 have been annexed in the file. By order dated 1.3.2000 cognizance of the offence had been taken and by the order dated 21.11.2000 Shri Dipak Kumar Saha Roy, the learned Judge, Second Special Court, Nadia came to the conclusion that the sanction order was duly passed by the officer concerned under proper authority.