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TMI Blog2025 (1) TMI 133X X X X Extracts X X X X X X X X Extracts X X X X ..... o.5441 of 2022 as per the impugned common judgment. 2. Before dealing with the precise question(s) of law involved in the captioned appeals, it is appropriate to refer, succinctly, to the factual background that ultimately led to the filing of the Writ Petitions and their culmination in the impugned common judgment, as under : - FIR No.10 (A)/2017 was registered for offences under Section 7 of the Prevention of Corruption Act, 1988 (for short, 'the PC Act') against the first respondent in Criminal Appeal No.898 of 2024 while he was working as Superintendent, Central Excise, Nandyal, (Kurnool), District in the State of Andhra Pradesh. The allegation was that he demanded and accepted an illegal gratification of Rs.10,000/- from the original complainant, Sri. Arif, who was a contractor, on 09.05.2017 for issuance of licence surrender certificate qua Excise Registration Certificate No. AHC PC 1141 KEM 001. 3. In the latter appeal, against the first respondent therein, FIR No.RC22(A)/2017-CBI/HYD was registered under Section 7 of the PC Act. The allegation was that while working as Accounts Assistant in the office of Senior Divisional Financial Manager, Guntakal, by abusing his offic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gation the CBI filed final reports before the Court of Principal, Special Judge for CBI cases, Hyderabad and that Court took cognizance of offences based on such final reports and took them on file and assigned CC Nos.2/2018 and 6/2018 respectively. As noted earlier, ROC Nos.334/E-1/2008 dated 03.09.2019 was issued by the High Court of Telangana, on its administrative side, directing to transfer the CBI cases pertaining to the districts of Kurnool, Kadappa, Chittoor and Ananthapur of Rayalaseema region of Andhra Pradesh to the Court of Special Judge for CBI cases at Vishakhapatnam. Accordingly, those cases were transferred and renumbered respectively as CC No.35/2020 and CC No.37/2020. Still, later as per GOMS No.9 & 10 Law (LA, LA & J-Home Court A) Department dated 09.01.2020, IInd Special Judge for CBI Cases, Vishakhapatnam was shifted from Vishakhapatnam to Kurnool. Consequently, CC No.35/2020 was re-numbered as CC No.13 of 2022 and CC No.37/2020 was re-numbered as CC No.15 of 2022, on the files of the Court of Special Judge for CBI Cases, Kurnool. It is in the aforesaid circumstances that the respective first respondent in the captioned appeals who were the respective accused i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to entertain the cases. Furthermore, it was contended that under the PC Act, a specific notification was to be issued either by the State or by the Central Government designating a Judge to try offences thereunder and only the Special Judge could try offences under the PC Act cases. It was also the contention of the Writ Petitioner/the first respondent that till December 2017, the Government of Andhra Pradesh did not accord consent for prosecution of Central Government servants under the provisions of the PC Act and therefore, Special Court for CBI Cases, Hyderabad could not have entertained the aforesaid case against him. So also, for the same reasons neither CBI Court nor the High Court had jurisdiction to transfer the cases to the CBI Court, Vishakhapatnam. The subsequent events could not cure the inherent lack of jurisdiction and as such, the entire proceedings got vitiated, it was further submitted. 7. Obviously, the same contentions, with necessary factual changes, were made on behalf of the first respondent in the latter appeal, who was the accused in CC No.15/2022, in Writ Petition No.5441 of 2022 to support the prayer to quash CC No.15/2022 and all further proceedings the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... langana and the State of Andhra Pradesh w.e.f. 02.06.2014, despite the bifurcation of the erstwhile State of Andhra Pradesh till altered, repealed or amended. It is also the contention that even after bifurcation of Andhra Pradesh, the S.P., CBI, Hyderabad and office of S.P. CBI Hyderabad were not deprived of their identity as 'Special Police Force' and to drive home the point the learned Additional Solicitor General, relied on the decision of this Court in State of Punjab and Others v. Balbir Singh & Ors. (1976) 3 SCC 242; 1975 INSC 238 It is also contended that the High Court had failed to appreciate the fact that as on the date of the registration of the FIR involved in the captioned appeals there was consent to CBI in terms of the provisions of the Section 6 of the DSPE Act. It is furthermore contended that the High Court had gone wrong in holding that G.O.M.S. Nos.158 dated 28.11.2014, 67 dated 01.06.2016, No.168 dated 05.12.2017 and dated 03.08.2018 extending the general consent as orders pertaining to the State of Andhra Pradesh only. 11. The learned counsel appearing for the first respondent in the appeals stoutly resisted the contentions raised on behalf of the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urther to investigate them. After referring to Section 5 and 6 of the DSPE Act, it was held that they would make it clear that though under Section 5 the Central Government could extend the area of operation of the said Act in a State it would be subject to the consent of the State Government concerned. To fortify the said view the High Court referred to and relied on the decision of this Court in Fertico Marketing and Investment Private Limited and Ors. v. Central Bureau of Investigation and Anr. (2021) 2 SCC 525; 2020 INSC 645 The High Court also took note of the fact that in the cases on hand the causative incident that led to the registration of the FIRs occurred in districts, Kurnool and Anantpur respectively, within the State of Andhra Pradesh. The Court has also taken note of the fact that investigation was conducted by the CBI and chargesheets were submitted thereafter in the Special Court for CBI Cases at Hyderabad and thereafter, that Court took cognizance of the offence(s). Whether such actions are legal or of the nature which would go into the root of the matter to vitiate the proceedings, were considered taking note of various factors and facts. The High Court consider ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the who1e or in any part of the existing State of Andhra Pradesh" 16. Clauses (i) to (iii) of Paragraph 6 of the said circular are also relevant in the circumstances and they read thus : "(i) all the laws, which were applicable to the undivided State of Andhra Pradesh, as on 1-6- 2014, would continue to apply to the new States i.e., State of Telangana and State of Andhra Pradesh created Dy the Central Act, with effect from 2-6-2014 notwithstanding the bifurcation of the erstwhile Pradesh; (ii) to facilitate their application in respect of the State of Telangana and the State of Andhra Pradesh, the appropriate Government may, before the expiration of two years from 2-6-2014, by order, make such adaptions and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon, (iii) every such law as adapted or modified as above, will continue till such time it altered, repealed or amended by a competent Legislature or other competent authority, in the respective State." 17. In contextual situation it is relevant to refer to the decision of this Court in Commissioner of Commercial Taxes, Ranchi and Ors. v. Swarn Rekha Cokes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of para 2(f), clauses (i) to (iii) of para 6 of the said Circular dated 26.05.2014 as also other notifications issued prior to 02.06.2014 or in modification of the then existing law(s), as it is to be understood in terms of the definition in para 2 (f), especially, in the absence of repeal or alteration or amendment in the State of Telangana also have to be looked into while considering the question(s) involved in the cases on hand. 20. Now, we will refer to GORT No. 1247, Home (SC.A Department) dated 14.05.1990 whereunder general consent for investigation by the CBI in the entire State of Andhra Pradesh was accorded under Section 6 of the DSPE Act to exercise powers and jurisdiction under the said Act. It, in so far as relevant, reads thus : - "Under Section-6 of the Delhi Special Police Establishment Act, 1946 (Central Act XXV of 1946), the Governor of Andhra Pradesh hereby accord general consent to all the members of Delhi Special/ Establishment to / Police exercise the powers and jurisdiction under the said act in the State of Andhra Pradesh for investigation of the offences mentioned hereunder against (i) Private Persons for alleged offences committed whether acting separa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ii) under para 6 such notification or circulars which were in force prior to the bifurcation or modified subsequently, in the absence of repeal or amendment as relates the subject matter involved thereunder within the limits of State of Telangana should be presumed to exist within the limits of State of Telangana and therefore, the finding of the High Court all such 'laws' pertain only to the State of Andhra Pradesh cannot be the correct law and the legal fiction should be that such laws would be in force in the new State unless altered or repealed or amended by it, in accordance with law. If in the light of the aforesaid Govt. orders especially dated 26.05.2014, the position is not construed in the said manner it will create only lawlessness or in other words a total vacuum in the subject matter(s) in which event persons could engage in such offences with impunity to certain extent. There cannot be any doubt that virtually it is to avoid such a situation that the aforementioned Government orders were issued and, therefore, any contraconstruction would defeat the very soul of the provisions under the PC Act as also the very intent and purpose of the Government orders which were giv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which is a Central Act. Therefore, the question is in such circumstances merely because such an employee works within the territory of a particular State, to register an FIR by the CBI in connection with commission of an offence under a Central Act whether consent from the State Government concerned is required or not? The said question is no longer a legal conundrum in view of the decisions of this Court in Kanwal Tanuj v. State of Bihar and Ors. 2020 SCC OnLine SC 395; 2020 INSC 357 and in Fertico Marketing and Investment Pvt. Ltd.'s case (supra). 26. In Kanwal Tanju's case (supra), after extracting Section 5 and 6 of DSPE Act, in para 19 thereof, this Court held thus: - "19. Sections 5 and 6 of the 1946 Act read thus: - 5. Extension of powers and jurisdiction of special police establishment to other areas. - (1) The Central Government may by order extend to any area (including Railway areas) in a State, not being a Union territory the powers and jurisdiction of members of the Delhi Special Police Establishment for the investigation of any offences or classes of offences specified in a notification under section 3. (2) When by an order under sub-section (1) the power ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in connection with the affairs of that State. Such interpretation would result in an absurd situation especially when the 1946 Act extends to the whole of India and the special police force has been constituted with a special purpose for investigation of specified offences committed within the Union Territory, in terms of notification issued under Section 3 of the 1946 Act. 26. Indeed, the said notification contains a proviso, which predicates that if any public servant employed in connection with the affairs of the Government of Bihar is concerned in offences being investigated by the special police force pursuant to the notification, prior consent of the State Government qua him shall be obtained. This proviso must operate limited to cases or offences which have been committed within the territory of the State of Bihar. If the specified offence is committed outside the State of Bihar, as in this case in Delhi, the State police will have no jurisdiction to investigate such offence and for which reason seeking consent of the State to investigate the same would not arise. In our opinion, the stated proviso will have no application to the offence in question and thus the Delhi spe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Members of DSPE had power to investigate the same, unless there was a specific consent given by the concerned State under Section 6 of the DSPE Act. The contention on behalf of the appellant before the High Court was that since the appellant was employed in connection with the affairs of the Government of Bihar, an investigation was not permissible, unless there was a specific consent of State of Bihar under Section 6 of the DSPE Act. This Court rejected the said contention holding that if the offence is committed in Delhi, merely because the investigation of the said offence incidentally transcends to the Territory of State of Bihar, it cannot be held that the investigation against an officer employed in the territory of Bihar cannot be permitted, unless there was specific consent under Section 6 of the DSPE Act. While considering the argument on behalf of the State, that such a consent was necessary for CBI to proceed with the investigation, this Court held that the respondent-State having granted general consent in terms of Section 6 of the DSPE Act vide notification dated 19.02.1996, it was not open to the State to argue to the contrary." 28. In the contextual situation i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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