- (1.) The singular question that emanates for consideration in this appeal is whether the High Court of Judicature at Bombay in Criminal Application No. 2648 of 2007 is justified in refusing to grant leave to file an appeal by the Central Bureau of Investigation, Anti Corruption Branch, Mumbai (for short "the CBI") to assail the judgment and order dated 8th September, 2006 in Special Case No. 62 of 2000 by the Court of Special Judge for Greater Bombay whereby the learned Special Judge had acquitted the respondent No. 1 under Sections 7, 13 (1) (d) read with 2 of the Prevention of Corruption Act, 1988 (For brevity "the Act") principally on the foundation that the sanction granted by the competent authority was defective and illegal as there was non-application of mind which would show lack of satisfaction.
(2.) At the very outset, it is condign to state that as we are only dealing with a singular issue it is not necessary to state the facts in detail. Suffice it to state one Satish P. Doshi, proprietor of Shree Travels, the complainant, had given his vehicles to State Bank of India on contract basis and was entitled to receive hire charges for his vehicles periodically. The complainant experienced certain difficulties in getting his cheques and Tax Deducted at Source certificates. When he approached the accusedrespondent, he demanded illegal gratification which was not acceded to by the complainant. Despite consistent refusal by the complainant, the demand of the accused was persistent which constrained the complainant to approach the CBI with a written complaint. The CBI took up the investigation and the raiding party carried out a trap operation, seized the bribe amount of Rs.1000/-, sent the seized article to the CFSL, obtained the sanction order and ultimately on 5.10.2000 filed the charge-sheet before the learned Special Judge. After the trial was over the learned Special Judge adverted to all the issues and answered all of them in the affirmative against the accused but acquitted him solely on the base that the sanction order was defective and illegal and that went to the very root of jurisdiction of the court.
(3.) Grieved by the aforesaid judgment of acquittal, the CBI filed an application for grant of leave and the learned single Judge of the High Court of Bombay declined to grant leave on the ground that it was doubtful whether the sanctioning authority had, in fact, actually applied its mind while granting sanction. The High Court further opined that the view taken by the learned Special Judge in that regard was a plausible one being not contrary to material on record and hence, it did not require any interference.;