BASHIR AHMED KHAN Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) Upon these appeals coming up for hearing, learned counsel for the appellants have raised a preliminary objection that sanction for prosecution u/s 6 of the J & K Prevention of Corruption Act, 2006 and u/s 197 of the Code of Criminal Procedure was mechanical and without application of mind.

(2.) The appellants were tried for offences under sections 5(2) of the Prevention of Corruption Act, and 420,409,467, 477-A and 120-B R.P.C. for having abused their official position and entering into a criminal conspiracy by corrupt and illegal means to benefit themselves. They the alleged to have embezzled an amount of Rs. 75,278-57, details whereof are given in the impugned judgment. They have been convicted and sentenced to various terms of imprisonment vide the impugned judgment by the trial court.

(3.) Under Section 6 of the Prevention of Corruption Act, 2006, trial of the appellants cannot proceed without there being a sanction. Section 6 reads as under: 6 Previous sanction necessary for prosecution.-(l) No court shall take cognizance of an offence punishable under section 161 or section 165 of the Ranbir Penal Code, or under sub-section (2) of section 5 of this Act, alleged to have been committed by a public servant, except with the previous sanction, (a) in the case of a person who is not resolvable from his office save by or with the sanction of the Government, (b) in the case of any other person, of the authority competent to remove him from his office. (2) Where for any person whatsoever any doubt arises whether the previous sanction as required under subsection (I) should be given by the Government or any other authority, such sanction shall be given by the Government or authority which would have been complement to remove the public servant from his office at the time when the offence was alleged to have been committed. In fact no court can take cognizance of an offence punishable under that section except with the previous sanction of the authorities mentioned in the section.