State of Maharashtra Through C.B.I. V/s Mahesh G. Jain

Information Type: Judicial Information
Court: Supreme Court
Date of Judgment(s): 2013-05-28
Case No: 2345 of 2009
Case Type: Appeal (Criminal)
Judge Name: B.S.Chauhan & Swanter Kumar
Subject: Criminal Law-Corruption
Statutes / Acts: Prevention of Corruption Act, 1988
Section: s.19 (1) read with ss. 7, 13 (1) (D)
Bench Strength: Double Bench
Case Note / Description :

Allowing the appeal, the Court HELD: 1.1 Section 19 (1) of the Prevention of Corruption Act, 1988 postulates that no court shall take cognizance of an offence punishable u/ss 7, 10, 11, 13 and 15 alleged to have been committed by a public servant except with the previous sanction. The said provision enumerates about the competent authorities. In the case at hand, the competence of the authority who has granted sanction is not in question. [para 5] Jaswant Singh v. State of Punjab 1958 SCR 762 =1958 AIR 124 and Basdeo Agarwala v. Emperor AIR 1945 FC 18 - referred to Gokulchand Dwarkadas Morarka v. The King AIR 1948 PC 84 - referred to 1.2 From the decision of this Court, the following principles can be culled out: a) It is incumbent on the prosecution to prove that the valid sanction has been granted by the sanctioning authority after being satisfied that a case for sanction has been made out. b) The sanction order may expressly show that the sanctioning authority has perused the material placed before him and, after consideration of the circumstances, has granted sanction for prosecution. c) The prosecution may prove by adducing the evidence that the material was placed before the sanctioning authority and his satisfaction was arrived at upon perusal of the material placed before him. d) Grant of sanction is only an administrative function and the sanctioning authority is required to prima facie reach the satisfaction that relevant facts would constitute the offence. e) The adequacy of material placed before the sanctioning authority cannot be gone into by the court as it does not sit in appeal over the sanction order. f) If the sanctioning authority has perused all the materials placed before him and some of them have not been proved, that would not vitiate the order of sanction.

 
 
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