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TMI Blog1956 (8) TMI 70X X X X Extracts X X X X X X X X Extracts X X X X ..... 56 at the instance of the State against an order made by Special Jude I. M. Lal on the 21st April 1956. 2. The opposite party Yash Pal who was a prosecuting Sub-Inspector was being tiled by the Special Judge for an offence under Section 5(2) of the Prevention of Corruption Act, and I am informed that two points were taken against the prosecution by the learned Judge himself: (11) that the sanctio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was by a person of the rank of a Superintendent of Police & the sanction given is by a person who ranks higher than the Superintendent of Police, i.e., the Deputy Inspector-General of Police. I do not think that any attack can be levelled on the ground of the sanction not being proper. In AIR 1949 PC J12 (A), a person was appointed by the Inspector-General Of Police but was dismissed by the Deput ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 72(1) of the Constitution of India, and Article 246 does not apply to any Act which was already in existence. The Allahabad High Court in Sagar Mal v. The State, AIR 1951 All 816 (B), held that the distribution of legislative powers under Article 246 of the Constitution does not affect the laws which were in existence and in force previous to the coming into force of the Constitution. In that cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubject has now been made a State subject." I am in respectful agreement with the decision of the Allahabad High Court and I would hold that the learned Judge has taken an erroneous view on this point also. I would therefore allow this petition, set aside the order of the Special Judge and remit the case for trial in accordance with law I direct that the case be tried by the learned Sessions ..... X X X X Extracts X X X X X X X X Extracts X X X X
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