RATTAN LAL Vs. STATE

JUDGEMENT

(1.) A case under section 6/13 of Hoarding and profiteering Ordinance against the petitioner is pending disposal in the court of the learned Judicial Magistrate 1st. Class, Jammu. During the pendency of the case, an application was filed by the petitioner before the learned trial court contending therein that since no valid sanction had been obtained by the prosecution, as contemplated by S. 14 of the Hoarding and Profiteering Ordinance, the case against him deserved to be dismissed. That application was dismissed by the learned trial court and aggrieved the petitioner has come up to this Court with a composite petition under section 439 Cr P C and 561 -A Cr. PC.

(2.) MR . Nargotra, learned Counsel for the petitioner has argued that under section 14 of the Hoarding and Profiteering Ordinance it is laid down that no prosecution shall be launched unless sanction has been obtained for that purpose from the Superintendent of Police and Since in the present case sanction was accorded by the Addl. Superintendent of Police, there is no valid sanction in the eye of law. According to Mr. Nargotra, the Govt. could not authorize any person, other than the one designated and prescribed in S. 14 of the Hoarding and Profiteering Ordinance, to accord sanction for prosecution.

(3.) MR . V. K. Gupta, the learned Assistant Advocate General has on the other hand submitted that the sanction granted by Shri Surjit Singh, Addl. Superintendent of Police is valid and no exception can be taken to that sanction. Reliance in this connection has been placed on section 4 of the Police Act and it is urged that if the powers of a Superintendent of Police can be exercised by his Juniors e.g. Asstt Superintendent and Deputy Superintendent of Police, there can be no objection to the exercise of power by an Addl. Superintendent of police who holds an equal rank to that of the Superintendent of Police. It is asserted that in the present case S Surjit Singh is a Superintendent of Police in his substantive capacity and as such the sanction given by him is valid.