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2013 (11) TMI 1754 - SUPREME COURTValidity of Sanction order passed by competent authority at stage of inquiry or at pretrial stage for Prosecution - CBI manual - Disproportionate assets by Finance officials - Money laundering - The Appellant, CBI registered a preliminary enquiry against the Respondent for disproportionate assets. After conclusion of the preliminary enquiry, a regular case was registered. During the course of investigation, it came to light that disproportionate assets was 7615.45 times of his known sources of income. It further surfaced that the Respondent was involved in money laundering; and for channelising his ill-gotten wealth, had established a number of companies wherein his family members were the founding Directors. The Central Vigilance Commission after examining the said case advised the Ministry of Finance to grant sanction for prosecution. Hence, the sanction order was issued under the seal and signature of the Under Secretary (V and L), Ministry of Finance. HELD THAT:- The stage of examining the validity of sanction is during the trial and court do not propose to say that the validity should be examined during the stage of inquiry or at pretrial stage. It is to be kept in mind that sanction lifts the bar for prosecution. Therefore, it is not an acrimonious exercise but a solemn and sacrosanct act which affords protection to the government servant against frivolous prosecution. Further, it is a weapon to discourage vexatious prosecution and is a safeguard for the innocent, though not a shield for the guilty. If the sanction order on its face indicates that all relevant material i.e. FIR, disclosure statements, recovery memos, draft charge sheet and other materials on record were placed before the sanctioning authority and if it is further discernible from the recital of the sanction order that the sanctioning authority perused all the material, an inference may be drawn that the sanction had been granted in accordance with law.
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