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2005 (3) TMI 781 - SUPREME COURTValidity Of Sanction - disproportionate of assests to his known source of income - Burden to proof - acquittal of the appellant accused u/s 5(2) read with Section 5(1)(e) of the Prevention of Corruption Act 1947 - HELD THAT:- In the present case, a perusal of the sanction order itself shows that Shri C.S. Krishnamurthy's income from all known sources between the period from May 25, 1964 to June 27, 1986 was ₹ 7,91,534.93 that income was from salary, GPF advances, rental income, interest amount from bank accounts and loan amount received from LIC towards house constructions, the dividend income, interest amount and gain in respect of chits received from Navyodaya Sahakra Bank, Vyyalikaval House Building Co-operative Society, Vishalam Chit Funds and Reliance Industries loan received from friends and family members, gain towards sale of scooter/car, sale proceeds of jewellery and income received by family members and the total expenditure incurred by the accused during these period is ₹ 2,41,382.85 and the total assets acquired by the accused both movable and immovable from May 25, 1964 to June 27, 1986 is ₹ 9,51,606.66 ps. Therefore, the accused has to account for difference between the two. In the present case the learned additional sessions Judge took a very narrow view that all the papers were not placed before the Court to show that there was proper application of mind by the sanctioning authority. The view taken by learned Special Judge was not correct and the learned Single Judge correctly set aside the order. In the present case, the sanction order itself discloses the facts that the incumbent is being prosecuted under the provisions of the Prevention of Corruption Act for accumulating moveable and immovable assets which is disproportionate to his known source of income and he has failed to give satisfactory account for the same. In the present case, facts mentioned in sanction order are eloquent for constituting prima facie offence u/s 5(2) read with Section 5(1)(e) of the Act. Therefore, there is due application of mind by sanctioning authority and the sanction is valid. Learned counsel for appellant submitted that offence was alleged to have been committed in 1986, now after lapse of almost 19 years would it be advisable to proceed with the matter. It is a matter of corruption and we cannot give any latitude in such matters. Therefore, under these circumstances, we are of opinion that the view taken by learned Single Judge of the High Court appears to be justified and there is no ground to interfere in the present appeal. Accordingly, the appeal is dismissed. However, nothing said herein or the High Court excepting on the point of sanction should influence the trial court's decision on merits. The adverse observations made against the trial Judge are deleted.
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