Public servant Services of an Officer belonging to the Indian Administrative Service loaned to a Cooperative Society Prior approval of Central Government under section 197, Cr. P.C. if required for prosecution under Prevention of Food Adulteration Act-Officer, whether a public servant within the meaning of clause Twelfth of section 21, I.P.C.

Penal Code Clause Twelfth of section 21-Scope of Services of a government servant loaned to a Cooperative Society-Government servant, if continued to be a public servant.

The services of the appellant, a Member of Indian Administrative Service, were placed at the disposal of the Co-operative Store Ltd. for being appointed as the General Manager of the Super Bazaars run by the Co-operative Store.

On a complaint being filed against the appellant for commission of alleged offence punishable under section 7 read with s. 16 of the Prevention of Food Adulteration Act 1954 before the Metropolitan Magistrate Delhi the appellant contended that he was a public servant within the meaning of clause Twelfth of section 21 of the Penal Code, that the act complained of was done by him in the discharge of his duties as a public servant and that since, as required by section 197, Cr. P.C., previous sanction of the Central Government had not been obtained the court was not competent to take cognizance of the offence.

The Magistrate rejected all these contentions. He held that the appellant could not be regarded as a public servant within the meaning of clause Twelfth of section 21 and that at the relevant time he was neither in the service or pay of the Government nor was he employed "in connection with the affairs of the Union".

The High Court, on appeal, upheld the view of the Magistrate.

Before this Court it was contended that the term "corporation" used in clause Twelfth of section 21 is wide enough to include not merely a statutory corporation but also a body corporate such as the Cooperative Stores established under the State Act like the Bombay Cooperative Societies Act, 1925 and that as General Manager he was employed in connection with the affairs of the Union by reason of the fact that the Central Government had advanced a huge loan to the Society for carrying on commercial activities.