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TMI Blog1952 (10) TMI 41X X X X Extracts X X X X X X X X Extracts X X X X ..... earthquake, and so, the appellant was ordered to procure a similar quantity of paddy after taking an appropriate licence, and to make over the same to the procurement department payment of the price. The District Magistrate, being moved to do so by the procurement department, referred the case to the High Court under section 438, Criminal Procedure Code, for enhancement of the sentence, as in his opinion the sentence was unduly lenient and the Jimmanama, which was admittedly broken, should have been forfeited. The reference was accepted by the High Court, and the sent ence was enhanced to rigorous' imprisonment for six months and a fine of ₹ 1,000. As regards the Jimmanama, the case was sent back to the trial court for taking action according to law under section 514, Criminal Procedure Code, for its forfeiture. The appellant applied to the High. Court for a certificate under article 134 (1) (c) of the Constitution that the case was a fit one for appeal to this Court. This application was granted. Out of the three points urged for the appellant, two were rejected, but the third one was accepted as a good ground, namely, that there was a contravention of the provi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... personal interest within the meaning of the section is not limited to private interest, and that it may well include official interest also. But what is the extent of the interest which will attract the disability is a subject which different views are possible and have been taken. Section 556 itself indicates the difficulty. The Explanation to the section runs in these terms:- A Judge or Magistrate shall not be deemed a party, or personally interested, within the , meaning of this section, to or in any case by reason only that be is a Municipal Commissioner or otherwise concerned therein in a public capacity, or by reason only that he has viewed the place in which an offence, is alleged to have been committed, or any other place .in which any other transaction material to the case 'is alleged to have occurred, and made an inquiry III connection with the case. This shows that to be connected with a case in a public capacity is not by itself enough to render the person incompetent to try it. Even if he had made an enquiry in connection with this case, it would not matter. But look at the illustration: A, as collector, upon consideration of information furnished to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t attributed is such as to render the case his own cause. The fulfllment of a technical requirement imposed by a statute may not, in many cases, amount to a mental satisfaction of the truth of the facts placed before the officer. Whether sanction should be granted or not may conceivably depend upon consideration extraneous to the merits of the case. But where a prosecution is directed, it means that the authority who gives the direction is satisfied in his own mind that the case must be initiated. Sanction is in the nature of a permission while a direction is in the nature of a command. Let us now examine some of the decisions the subject. For the appellant, strong reliance was placed the judgment of the Privy Council in Gokulchand Dwarkadas v. King(1), and it was argued the basis of some of the observations of the Judicial Committee that a sanction was an important and substantial matter and not a mere formality. The facts in that case were that while there was a sanction of the Government for a prosecution under the Cotton Cloth and Yarn Control, Order, there was nothing in the sanction itself, or in the shape of extraneous evidence, to show that the sanction was accorded after t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t had been committed, sanctioned a prosecution, and subsequently tried the case himself. A Full Bench consisting of Sir Richard Couch C.' J. and five other learned Judges came to the conclusion, after an examination of some of the English cases, that the trial was not vitiated. The learned Chief Justice said:- In this case, I think, the Sub-Registrar has not such an interest in the matter as disqualifies him from trying the case; and I may observe with reference to some -of the arguments that have been used as to the Sub-Registrar having made up his mind, and that the accused would have no chance of a fair trial, that the sanction of the superior officer, the Registrar, is required before the prosecution can be instituted, and certainly I do not consider that the prosecution will not be instituted unless the Sub-Registrar has made up his mind as to the guilt of the party. It is his duty, when he comes to know that an offence has been committed, to cause a prosecution to be instituted, by which I understand that there is prima facie evidence of an offence having been committed, that there is that which renders it proper that there should be ail enquiry, and the Registrar accord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cial and not to the court. The High Court was in error in thinking that section 514, Criminal Procedure Code, applied. Action could be taken only when the bond is taken by the court under the provisions of the Code such as section 91 for appearance, the several security sections or those relating to bail. Clause (1) of section 514 runs: Whenever it is proved to the satisfaction of the, Court by which a bond under this Code has been taken, or of the Court of a Presidency Magistrate or Magistrate of the first class, or when the bond is for appearance before a Court, to the satisfaction of such -Court, that such bond has been forfeited, the Court shall record the grounds of such proof, and may call upon any person bound by such bond to pay the penalty thereof, or to show cause why it should not be paid. The language is perfectly clear; the power to forfeit and the imposition of the penalty provided for in the later parts of the section arise only if the preliminary conditions are satisfied. There was no argument addressed to us that the High Court in suggesting that action should be taken under section 514 for forfeiture of the bond acted in the exercise of its inherent pow ..... X X X X Extracts X X X X X X X X Extracts X X X X
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