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Issues involved: Appeal against judgment of acquittal u/s 161 IPC and u/s 5(1)(d) read with 5(2) of Prevention of Corruption Act, 1947.
Details of the judgment: 1. Background: The case involved a complaint by Ramavtar against the accused for demanding illegal gratification for a license. A trap was set, and the accused were apprehended with marked currency notes. 2. Sanction for Prosecution: The trial court and High Court acquitted the accused due to improper sanction for prosecution. The appellant argued that the sanction order was valid and had been granted after due consideration of the facts. 3. Legal Precedents: Reference was made to legal precedents emphasizing that the sanction order should speak for itself and indicate due application of mind by the Sanctioning Authority. 4. Court's Decision: The Supreme Court disagreed with the lower courts' reasoning and found that the trap had been proved, and the recovery of money from the accused was not adequately explained. The Court held that the sanction order was valid and set aside the acquittal judgments. 5. Outcome: The appeal was allowed, and the matter was remitted to the trial court for further consideration on the merits of the case.
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