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PETITIONER: INDU BHUSAN CHATTERJEE
Vs.
RESPONDENT: THE STATE OF WEST BENGAL
DATE OF JUDGMENT: 26/11/1957
BENCH: IMAM, SYED JAFFER BENCH: IMAM, SYED JAFFER SINHA, BHUVNESHWAR P. KAPUR, J.L.
CITATION: 1958 AIR 148 1958 SCR 1001
ACT: Public servant-Prosecution-Sanction-Essentials of a valid sanction-Prevention of Corruption Act, 1947 (2 Of 1947), SS.5(2), 6 -Indian Penal Code (Act 45 of 1860), S. 161.
HEADNOTE: The appellant, a public servant, was convicted under S. 5(2) of the Prevention of Corruption Act, 1947, and under s. 161 of the Indian Penal Code on a charge of accepting a sum of Rs. 100 as illegal gratification. It was contended for the appellant that the conviction was bad on the ground that the sanction for his prosecution was not valid because the officer competent to sanction the prosecution (1) had not applied his mind to the facts and circumstances of the case but merely perused the draft prepared by the Police and (2) did not investigate the truth of the offence’ The evidence, however, showed that he went through all the papers placed before him which gave him the necessary material upon which he decided that it was necessary in the ends of justice to accord his sanction : Held, that the essentials of a valid sanction were present in the case and that the conviction was valid. Gokulchand Dwarkadas Morarka v. The King, (1948) L.R. 75 I.A. 30, r...