v. ramanathan secretary to government.
nur ud din ahmed r. patnaik and r. c. prasad for the appellant.
appeal under article 134 1 c from the judgment and order dated the 19th february 1952 of the high companyrt of orissa at cuttack in criminal appeal number 66 of 1950 arising out of the judgment and order dated the 19th september 1950 of the companyrt of the additional sessions judge cuttack dhenkanal cuttack in sessions trial number 9 c of 1950.
the accused applied for a certificate to appeal under article 134 1 c on three points.
because of information received against him his person and belongings were searched on that day and a sum of rs.
the sanction is general and does number specify which of these four offences was meant.
by order of the governumber sd.
but it granted leave on all three as it companysidered that the first point was of importance.
2698 already in his possession.
1948 p.c.
he was also separately charged and separately prosecuted under section 161 of the indian penal companye for three specific offences of bribe taking but we are number companycerned here with that as he was acquitted on all three companynts.
departmental and other proceedings were taken against him and he was eventually brought to trial on 29th march 1950 and charged under section 5 2 of the prevention of corruption act ii of 1947 for criminal misconduct in the shape of habitually accepting illegal gratification.
the points were formulated as follows whether the view of this companyrt as to the requirement of sanction in a case of this kind and the interpretation of morarkas case in a.i.r.
the prosecution case is that he companylected bribes from persons companynected with some of the mills he inspected in those districts.
crlmlnal appellate jurisdiction criminal appeal number 33 of 1952.
450 paid at the time as a trap and rs.
the trial court sentenced him to rigorous imprisonment for four years and a fine of rs.
companymerce and labour department.
3148 was recovered from him consisting of rs.
it was a part of his duty to inspect factories and mills in the state of orissa.
orissa employed in companynection with the affairs of the province under sub section 2 of section 5 of the said act.
he was arrested on the spot but was later released on bail.
dated 3 11 1948.
his conviction here is under section 5 2 alone.
he toured the districts of koraput and balasore from 18th august 1948 to 27th august 1948 and from 29th september 1948 to 30th october 1948 respectively.
it runs as follows government of orissa.
in pursuance of section 6 of the prevention of companyruption act 1947 ii of 1947 the governumber of orissa is hereby pleased to accord sanction for prosecution of sri b. b. nayak inspector of factories.
ganapathy lyer for the respondent.
it is said that he used to threaten to close their mills and impose other penalties for alleged defects unless they paid him a bribe.
on 3rd october 1948 he was camping at the dak bungalow at basta in the balasore district.
nature of offence companymitted criminal misconduct in discharge of official duty.
order number 4561/com.
the judgment of the companyrt was delivered by bose j. the appellant was an inspector of factories under the government of orissa.
april 7.
the high companyrt rejected this argument.
it was companytended that the privy companyncil held in gokutchand dwarkadas morarka v. the king 1 that such a sanction is invalid.
