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PETITIONER: BISWABHUSAN NAIK
Vs.
RESPONDENT: THE STATE OF ORISSA.
DATE OF JUDGMENT: 07/04/1954
BENCH: BOSE, VIVIAN BENCH: BOSE, VIVIAN MAHAJAN, MEHAR CHAND (CJ) HASAN, GHULAM
CITATION: 1954 AIR 359 1955 SCR 92 CITATOR INFO : A 1955 SC 41 (11) R 1959 SC 707 (5) R 1961 SC1381 (10) F 1977 SC 786 (9,12,14)
ACT: Prevention of Corruption Act, 1947 (II of 1947) Section 5(1)(2),(3) and section 6-- sanction under section 6 --Whether necessary to be in any particular form-No particulars given in the charge or sanction-Legal effect thereof.
HEADNOTE: Held, that it is not necessary for the sanction for an offence punishable under section 5(2) of the Prevention of Corruption Act, 1947 (Act II of 1947) to be in any Particular form or in writing or for it to set out the facts in respect of which it is given. It is, however, desirable to state the facts on the face of sanction, because when the facts are not set out in the sanction, proof has to be given aliunde that sanction was given in respect of the facts constituting the offence charged but an omission to set out the facts in the sanction is not fatal so long as the facts can be and are proved in some other way. Where the sanction was confined to section 5(2) of the Act, it could not, under the circumstances of the case, have related to anything ...