Criminal Law - Sanction for prosecution - Validity of -
Legal propositions in regard to grant of sanction - Discussed
- Prevention of Corruption Act, 1988 - s. 19. Prevention of Corruption Act, 1988 - s. 19 -
Disproportionate assets case - Sanction for prosecution -
Validity of - Appropriate stage for examining the validity -
Appellant-CBI registered case against respondent for possessing disproportionate assets - Trial Court issued
summons to the respondent - Respondent filed application
challenging the validity of the sanction granted by the
competent authority u/s.19 of the Act - Trial court dismissed
the application, holding that the issue could be examined during trial - High Court remanded the case to record finding
on the question of any failure of justice in according sanction
and to examine the sanctioning authority, as a witness even
at pre-charge stage, if it deems fit - Plea of appellant that
application challenging validity of the sanction at a stage
anterior even to framing of the charges would be in
contravention of the settled legal propositions - On appeal,
held: The stage of examining the validity of sanction is
undoubtedly during the trial - However, in the instant case, the impugned order had already been partly complied with
before filing petition before the Supreme Court -" Appellant admittedly did not disclose material facts - In the SLP, it was
not disclosed that the trial court, after remand, entertained the
matter and issued summons to the then sanctioning authority, and in response thereto, an affidavit had been filed by the
then sanctioning authority, disclosing that no material had
been considered by him while granting sanction - However,
the issue as to what prejudice had been caused to the
respondent, not considered - Benefit of interim protection
B granted by Supreme Court in favour of appellant, where the
appellant did not disclose material facts, should be
neutralized - Trial court to proceed with the matter from the
stage when the stay operated and conclude the same at the
earliest.