LALAN PRASAD SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner Lalan Prasad Singh has preferred the present petition for quashing the order sanctioning his prosecution which is dated 12-2-2007, contained in Annexure-10, in respect of R.C.-09(A)/2001-PAT, pending in the Court of the learned Special Judge, C. B. I., North Bihar, Patna.

(2.) The petition was heard by a learned single Judge of the Court and while passing the order dated 18-11-2008, the learned Judge, after noticing the facts of the case and some of the laws governing the field of sanctioning prosecution under the Prevention of Corruption Act, directed placing of the present petition before a Division Bench of the Court, for deciding as to :-

(3.) Annexures-7, is the letter C-No. Vig-3/26/2003/5177 dated 12-12-2003 from the Commissioner, Central Excise, Patna, which was addressed to the Additional Director General, Directorate General of Vigilance, Customs and Central Excise, Kautilya Marg, New Delhi, in response to their letter F. No. 557/16/2001/ 2930 dated 27-10-2003. Annexure-8 is letter of Commissioner, Central Excise, Patna being No. C. No. VIG-3/26/2003/3030 dated 26-10-2004 in response to letter F. No. 577/16/2001/3627 dated 14-10-2004 also of the Director General of Vigilance. Annexure 9 is also a letter of Commissioner, Central Excise, Patna in response to letter F. No. V.557/16/2001/3336 dated 9-6-2005 again of the Additional Director General (Vigilance), Customs and Central Excise, New Delhi. Annexure 10, which is sought to be quashed through the present petition, is an order dated 12-2-2007 passed by the Commissioner, Central Excise, Patna, sanctioning prosecution of the petitioner in R. C.- 09(A)/2001 Pat while he was posted as Superintendent of Excise, Begusarai, and on the date of passing the sanction order was acting in the same capacity at Central Excise Division, Patna.