9911796707
TMI Blog2010 (12) TMI 1290X X X X Extracts X X X X X X X X Extracts X X X X ..... aforesaid judgment, the Special Judge convicted the Appellant for offences punishable under Section 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (in short `the Act') and sentenced him to undergo one year rigorous imprisonment and to pay a fine of ₹ 500/-, in default of payment to undergo three months rigorous imprisonment and convicted him for the offence under Section 7 of the Act and sentenced him to undergo six months rigorous imprisonment and to pay a fine of ₹ 300/-, in default of payment to undergo one month rigorous imprisonment. 2. The prosecution case, briefly stated, is as follows: The prosecution case as narrated by PW2, the complainant, has been extensively noticed by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ormed him that the file will only come to him on 23rd August, 1993. He demanded a sum of ₹ 50/- as a bribe from the complainant for delivery of the tax extract which, according to him, was ready for delivery. On that date, the complainant did not have any money. In any event, he was not inclined to give any bribe to the Appellant. He, therefore, made a written complaint to the Inspector (PW8) Anti Corruption, Rajagopalapuram. The complaint is Ex.P5. A case was duly registered by PW8 as Crime No. 4 of 1993 under Section 7 of the Act. The First Information Report (Ex.P10) was duly signed by the complainant. Thereafter, another Inspector in Anti Corruption, Pudukottai recorded the statements of PW2 and PW3 on 24th August, 1993. Similarly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... PW8. 7. On receipt of the signal, PW8 along with the other witnesses and police party went inside the office of the Appellant. They introduced themselves. The Appellant was found to be nervous and sweating. PW9 prepared the Sodium Carbonate mixture in two glass tumblers and asked the Appellant to dip his two fingers separately into the mixture. The mixture turned light red. The mixture was poured into a bottle and duly labeled `R' (M.O.3). Another sample was similarly prepared with label `N' and marked (M.O.2). 8. He thereafter asked the Appellant about the money he has received from PW2 and the Appellant took the currency notes M.O.1 from his pocket and presented it before PW8. On comparison, the numbers in the said currency ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er sanction was duly obtained prior to the prosecution of the Appellant. It is the case of the Appellant that the order for sanction of the prosecution produced in this case is signed by the Municipal Commissioner of Pudukottai. According to him, a perusal of the same would show that it suffers from non application of mind. According to the learned Counsel, the sanction order must disclose that the sanctioning authority has duly applied its mind and the same must be stated in the sanction order. In support of this submission, learned Counsel has relied on a judgment of this Court in the case of Jaswant Singh v. State of Punjab MANU/SC/0050/1957MANU/SC/0050/1957 : AIR 1958 SC 124. Undoubtedly, in the aforesaid judgment, this Court observed a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sanction that the sanctioning authority considered the evidence before it and after a consideration of all the circumstances of the case sanctioned the prosecution, and therefore unless the matter can be proved by other evidence, in the sanction itself the facts should be referred to indicate that the sanctioning authority had applied its mind to the facts and circumstances of the case. In Yusofalli Mulla Noorbhoy v. The King (1949) L.R. 76 I.A. 158 it was held that a valid sanction on separate charges of hoarding and profiteering was essential to give the Court jurisdiction to try the charge. Without such sanction the prosecution would be a nullity and the trial without jurisdiction. 14. Keeping in view the aforesaid statement of law, i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the High Court as the Appellant has not raised issue with regard to the illegality of the sanction order before the High Court, we are satisfied that the sanction order has been issued in according with law. 16. Learned Counsel for the Appellant secondly submitted that the judgment recorded by both the courts below is contrary to the evidence on record. We have examined the entire issue. We are of the considered opinion that the trial court as well as the High Court have analyzed the entire evidence and clearly held that a demand was definitely made by the Appellant for delivery of the tax certificate. The trial court as well as the High Court have made a reference to the evidence given by PWs. 2 and 3 who have categorically stated that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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