- (1.)THIS Appeal raises an interesting point. It is also a case of first impression. The appellant Manmal Bhutoria along with Major C. R. Bhattacharjee of the Indian Army was charged with an offence under section 5 (2) of the Prevention of corruption Act, 1947. Major Bhattacharjee was invalidated from the military service with effect from 14th february, 1968. He is no longer a public servant. By a notification in the Calcutta Gazette dated the 15th june, 1967 the State Government allotted the case of the State v. (1) Ex-Major Chittaranjan Bhattacharjee and (2) Manmal Bhutoria to the Calcutta fourth Additional Special Court on a report submitted by the Deputy superintendent of Police, Central Bureau of investigation, Special Division, Calcutta dated the 27th May, 1967.
(2.)THE said report alleged that Ex-Major Bhattacharjee, in collusion and conspiracy with the appellant Manmal bhutoria, had accepted certain tenders from a fictitious nominee of the appellant for supply of certain articles to the military authorities at prices exceeding the prices quoted by other tenders and thereby causing loss to the military authorities. It was also alleged that by these acts the two accused had committed the offence of conspiracy of criminal misconduct by a public servant by dishonestly abusing his position as a public servant for obtaining undue pecuniary advantage under section 5 (2) of the Prevention of Corruption Act, 1947.
(3.)THE question raised in this appeal is a new one. The point is that the jurisdiction of the State Government to make the said allotment of the case of the appellant to the Special Court is challenged inter alia on the ground that as on the date of the allotment Sri bhattacharjee had ceased to be a public servant and that the offence was not one a cognizable any more by the Special court and that the proceedings are bad as no sanction under section 6 of the prevention of Corruption Act, 1947 had been obtained. The interpretations of the two statutes are involved. One is the Prevention of Corruption Act, 1947 and the other is the West Bengal criminal Law Amendment (Special Courts)Act, 1949.