1997 (2) TMI 553 - SC - Indian Laws

Summary

Issues involved: Proper sanction under Prevention of Corruption Act for criminal proceedings.

Summary:
The appeal was against the judgment of the Madras High Court in a criminal case involving the respondent, a Sub-Inspector of Police convicted for offenses under Sections 7, 13(2) read with Section 13(1)(d)(i)(ii) of the Prevention of Corruption Act. The appellant alleged lack of proper sanction for proceeding under the Act. The High Court found that relevant materials, including statements recorded by the Investigating Officer, were not placed before the City Commissioner of Police for sanction. Despite a detailed report from the Vigilance Department, it was deemed insufficient for proper sanction as it did not include all necessary materials. The High Court concluded that there was no proper sanction, rendering the criminal case not maintainable. The High Court's decision was upheld, and it was determined that the courts should not have considered the prosecution case on merits without proper sanction. The High Court was advised to drop the proceedings, with the option for the State to proceed afresh with necessary sanction if desired.