- (1.) Tarachand Jain respondent was convicted by Special Judge Balotra for an offence under Section 161 Indian Penal Code and vies sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 1,000, or in default to undergo rigorous imprisonment for a further period of six months. On appeal the Rajasthan High Court set aside the conviction of the respondent on the ground that no valid sanction for his prosecution had been proved. All the proceedings against the respondent were quashed and the whole trial was held to be null and void for want of valid sanction. It was, however, made clear that the order of the High Court would not bar a subsequent trial of the respondent on the basis of a valid and prior sanction if the State was so advised to take that course. The present appeal has been filed in this Court by the State of Rajasthan on certificate of fitness granted by the High Court against its above judgment.
(2.) The respondent was a member of Rajasthan Administrative Service and was posted at the material time as Sub-Divisional Magistrate Barmer. It is alleged that between November 1959 and March 1960 the respondent accepted illegal gratification from various parties to the cases which were pending before him on the pretext of showing undue favour to them. One Hazi Ali Mohammed was an accused in a passport case pending before the respondent. Hazi Ali Mohammed made a complaint to the Deputy Superintendent of Police, Anti Corruption Department, Jodhpur on March 30, 1960 that the respondent had made a demand of bribe from him. A trap was accordingly laid during the course of which the respondent was stated to have accepted an amount of Rs. 500 in marked currency notes as bribe. Those currency notes were thereafter recovered from the possession of the respondent. During the course of investigation, a further sum of Rs. 11,450 which was lying concealed in the respondent's house was also recovered. The respondent had a bank balance of Rs. 5,534. 68 and he used to deposit a major part of his salary every month in the bank. The respondent was put up for trial on the above allegations for offences under Section 161 Indian Penal Code and Section 5 (2) of the Prevention of Corruption Act after sanction for his prosecution had been obtained. The material part of the sanction which was subsequently exhibited as P. 34 was as under: GOVERNMENT OF RAJASTHAN Appointments (A-III) Department ORDER No. F. 19(33) Apptts. (A)/60/Group III' Jaipur, the 6th October, 1960. Whereas it has been brought to the notice of the Governor of Rajasthan that Shri Tara Chand Jain, RAS S/o Shri Kesar Lal Jain resident of Panch Batti Baxhi Bhawan, Jaipur City, and posted at Barmer as Sub-Divisional Magistrate has accepted or obtained Rs. 500/- for himself from Shri Hazi Ali Mohammed S/o Shri Mari Musalman resident of Village Siyar District Barmer accused in case No. 82 of 1959 and No. 462 of 1969 State v. Shri Hazi Ali Mohammed under Sec. 3/6 Indian Passport Rules and State v. Hazi Ali Mohammed under Section 13/11 Rajasthan Religious Buildings and Places Act respectively pending in his court on 30-3-60 at his residence at Barmer as gratification other than legal remuneration as a motive or reward for showing favour to him in the exercise of his official functions by extending a proviso to decide the cases in his favour or by corrupt and illegal means or by otherwise abusing his position as a public servant has obtained for himself pecuniary advantage in the form of G. C. notes of Rs. 500/- in discharge of his duty and which gratification of Rs. 500/- was also recovered from his possession by the Deputy Superintendent of Police, Anti Corruption Shri Nand Singh in the presence of Motbir witnesses, complainants and Police party, and which acts of said Sub Divisional Magistrate are punishable under Section 161 I.P.C. and 5 (1) (d) (2) of P.C. Act, 1947. And whereas it has also been brought to the notice of Governor of Rajasthan that Shri Tara Chand Jain, RAS, Sub-Divisional Magistrate, Barmer has habitually accepted or obtained the following amounts from the following persons in cases against them in his Court, as gratification (other than legal remuneration) as a motive or reward such as is mentioned in Section 161 of the Indian Penal Code. * * * And whereas from the perusal of the facts on the record of this case placed before the Governor of Rajasthan he is satisfied that there are reasonable grounds to believe that Shri Tara Chand Jain, Sub-Divisional Magistrate has committed the offence within the meaning of Section 161 I.P.C. and has also committed the offence of criminal misconduct in the discharge of his duties falling under Sections 5 (1) (a) and 5 (1) (d) read with 5 (2). of P.C. Act (II of 1947), on the basis of facts stated above. And whereas there is no other ground whatsoever to refuse or withhold the sanction for the prosecution of Shri Tara Chand Jain, Now, therefore, in pursuance of Section 6 (1) (b) of the Prevention of Corruption Act, 1947 the Governor of Rajasthan being the competent authority to remove Shri Tara Chand Jain from his office do hereby accords sanction for the prosecution of the said Shri Tara Chand, for the offences under Section 161 I.P.C. and S. 5 (2) read with Section 5 (1) (a) and 5 (1) (d) of P. C. Act, 1947 (No. II of 1947), or any other offence or offences which may be found to have been committed by Shri Tara Chand Jain in this connection. By ORDER OF THE GOVERNOR (A). Sd/ (B). (R. D. Thapar) IAS Special Secretary to the Government."
(3.) The respondent at the trial denied the allegations against him about his having demanded or accepted bribe.;