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2019 (11) TMI 1134 - HC - CustomsProceedings against the officers for seeking bribe - Requirement of approval of competent authority before commencement of enquiry - non-adherence to Section 17A of the Prevention of Corruption Act,1988 - Proviso to Section 17A of the PC Act - there is prima facie material relating to demand of a sum of Rs.ten lakhs through electronic evidence like video graphy. - HELD THAT:- In view of the video graphy evidence relating to demand, Section 17A of PC Act is required to be taken into consideration that where the charge is of attempting or accepting any undue personal advantage for himself or for any other person. In such an event, Section 17A of the PC Act relating to obtaining prior approval of the competent Authority before initiating any proceeding against public servant may not require. Therefore, petitioners’ contention that there is non-compliance of Section 17A of PC Act is not tenable having regard to the fact that there is prima facie material evidence relating to demand of bribe of Rs.ten lakhs - Hence, question of obtaining prior approval under Section 17A of the PC Act is not warranted in view of first proviso. Petition dismissed.
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