J S BINDRA Vs. C B I CHANDIGARH

JUDGEMENT

(1.) In this petition under Section 482 of the Code of Criminal Procedure, 1973, the petitioners have sought quashing/setting aside of the order dated Oct. 9, 2001 (Annexure P-3) passed by the Special Judge, C.B.I., Chandigarh, whereby their application to discharge them in case RC No. 1-2000/SPE-CHD under Section 7. 13(2) of the Prevention of Corruption Act. 1988 (for short, the 1988 Act) read with Section 120-B, of the Indian Penal Code for want of previous sanction for prosecution, has been dismissed.

(2.) The core question which has arisen for consideration is as to whether prosecution of the petitioners under the aforementioned provisions of the Penal Laws'is liable to fall flat due to absence of previous sanction for their prosecution under Section 19 of the Act, 1988 Act?

(3.) The facts relevant to answer the aforesaid issue are that petitioner No. 1 (J.S. Bindra) and petitioner No. 2 (D.B. Malhotra) were working as General Manager and Sales Manager respectively in Messers Modern Food Industries (India) Ltd. (hereinafter referred to as the Company) at the relevant time. The Company, till Feb. 1. 2000 was a 'Government company" under Section 617 of the Companies Act. 1956. The Company's 74% shares, however, were transferred in favour of Messers Hindustan Lever Limited, also a Company incorporated under the Companies Act, with effect from 1st Feb. 2000 whereas the remaining 26% share capital continued to be retained by the Government of lndia. As per the allegations contained in the F.I.R. dated January 19, 2000, the petitioners were caught red handed by the C.B.I, while demanding and accepting a bribe of Rs. 25.000/- at Hotel Metro, Sector 35, Chandigarh, on January 19, 2000 from the complainant, namely, Pawan Kumar son of Shri Ram Gopal, resident of House No. 76, Ward No. 18, Kurali (Punjab). After the investigation, charge-sheet was filed against the petitioners in the Court of Special Judge, C.B.I., Chandigarh, under Section 7. 13(1)(d), 13(2) of the 1988 Act read with Section 120B of the Indian Penal Code on Feb. 10, 2001. The petitioners thereafter moved an application on July 10, 2001 for their discharge from the case on the ground that no previous sanction for their prosecution in terms of Section 19 of the 1988 Act was obtained. The Special Judge, C.B.I., Chandigarh, however, did not find favour with the contention of the petitioners and dismissed the aforesaid application vide impugned order dated Oct. 9, 2001 (Annexure P-3) giving rise to the filing of this petition.