9911796707
TMI Blog2012 (2) TMI 222X X X X Extracts X X X X X X X X Extracts X X X X ..... On 04.08.1992, the DRI intercepted a truck in Delhi containing empty glass bottles and brought the same to the DRI office where it was rummaged in the presence of two independent witnesses. The panchnama was prepared in the presence of witnesses. The driver of the truck, Shri Ghama Prasad along with its two other occupants namely Shri Ram Kishan and Shri Rakesh Kumar Jairath were apprehended. Rummaging of the truck resulted in the recovery of 195 packages of ball bearing of foreign origin cleverly concealed under 590 packages of empty glass bottles. The contraband ball bearing was seized by the DRI. One Shri Arun Kumar Juneja, who clandestinely approached the truck being unloaded in the DRI premises and tried to flee thereafter, was called ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enable inasmuch as the power of revision of Sessions Court and this Court are concurrent in nature. The petitioner had the option of filing revision before the Sessions Court or this Court and he having not chosen to go to Sessions Court, his present revision petition would certainly be maintainable in this Court under Section 397(2) Cr.PC. 5. The learned counsel for the respondents next submitted that there was no legal and proper sanction accorded by the competent authority inasmuch as there was no application of mind while granting sanction. It was submitted that the retracted statement of the respondent No.1 was not put up before the sanctioning authority. It was also submitted that in any case, the sanction was not valid as the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l Kumar vs. CBI and Another, 2009 I AD (Delhi) 599, the Supreme Court held thus: "10. The order of sanction in a given case must ex facie disclose that the sanctioning authority had considered the evidence and the material placed before it. The court is not required to sift and weigh evidence collected by the investigation officer during investigation of the case to know if the sanction order was valid and was neither unmindful nor was passed in a mechanical manner. Relevancy of evidence collected is an aspect which has to be examined by the court at the stage of trial and no this court for invalidating the sanction. Therefore it cannot be said that the impugned sanction was granted in a mechanical manner. The sanction was granted v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t thereof as was contended by Shri Jain. But the basic facts that constitute the offence must be apparent on the impugned order and the record must bear out the reasons in that regard. The question of giving an opportunity to the public servant at that stage as was contended by the respondents does not arise. Proper application of mind to the existence of prima facie evidence of the commission of the commission of the offence is only a pre-condition to grant or refuse to grant sanction. When the government accorded sanction, section 114 (e) of the Evidence Act raises presumption that the official acts have been regularly performed...." 9. Also in the case of Hardev Singh Dhillon v. Department of Revenue Intelligence, 2010 (251) ELT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en by the Trial Court was laid down by the Supreme Court in the catena of judgments. Reference is made to the judgment in case State of Bihar v. Ramesh Singh, AIR 1977 SC 2018 wherein it was held thus: "At the beginning and the initial stage of the trial the truth, veracity and effect of the evidence which the Prosecutor proposes to adduce are not to be meticulously judged. Nor is any weight to be attached to the probable defence of the accused. It is not obligatory for the Judge at that stage of the trial to consider in any detail and weigh in a sensitive balance whether the facts, if proved, would be incompatible with the innocence of the accused or not. The standard of test and Judgment which is to be finally applied before recor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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