STATE Vs. TARACHAND

JUDGEMENT

(1.) This revision petition by the State has been directed against the order dated 3.11.61 of the Special Judge, Balotra, whereby he discharged the accused Tarachand of offences under sec. 161, Indian Penal Code, and sec. 5(2) of the Prevention of Corruption Act, holding that the sanction for his prosecution was bad in law and the Court could not take cognizance of the case on the basis of defective sanction. ,

(2.) The case originally came up before Bhargava, J. who on account of the importance of the point involved in the case, referred the matter to a larger Bench.

(3.) The facts of the case lie in a very short compass. The respondent Tara Chand was a member of Rajasthan Administrative Service and was at the material time posted as Sub -Divisional Magistrate, Barmer. During his tenure as such, between "November, 1959 and March, 1960", he is alleged to have accepted illegal gratifications from parties in cases that were pending before him, on the Pretext of showing undue favour to them. On a demand of bribe by him from one Hazi Ali Mohammad, who was accused in a passport case pending before the respondent, Hazi Ali Mohammad filed a complaint on 30.3.1960 at 8.15 P.M. before the Deputy Superintendent Police, Anti Corruption Department, Jodhpur. A trap was accor -dingly laid during the course of which the accused accepted as bribe an amount of Rs. 500/ - in marked currency notes which were recovered from his possession. Investigation was then commenced and during the course of it, a further sum of Rs. 11,450/ - was recovered which, it is alleged, was lying concealed in his house. It was also noticed that the respondent had bank balance of Rs. 5p34.68 nP. ana that he used to deposit a major portion of his salary every month in bank. On these materials, the prosecution obtained sanction for his prosecution and eventually put up a challan against him in the Court of Special Judge, Balotra under sec. 161, I.P.C. and sec. 5(2) of the Prevention of Corruption Act.