In supersession of the numberifications dated 9th July, 1968, the Government of Punjab issued another numberification on 12.8.1968 under Section 5A 1 of the 1947 Act authorising such inspectors of police to investigate the offences under the Act even beyond the State of Punjab and the restrictions of investigation within the State of Punjab were removed.
Whether the aforesaid numberifications number being inconsistent with the provisions of the re enacted Act companytinue to be in force and be deemed to have been issued under the Prevention of Corruption Act, 1988 till aforesaid numberifications are superseded or specifically withdrawn.
The 1947 Act was repealed on 9.9.1988 by re enacting the 1988 Act being Act No.49 of 1988.
Most of the facts in these appeals are number disputed.
The questions of law to be adjudicated upon in these appeals are Whether the numberifications issued by the State Government in exercise of the powers companyferred upon it under Section 5A 1 of the Prevention of Corruption Act, 1947 since repealed empowering and authorising Inspector of Police to investigate the cases registered under the said Act are number saved under the saving provisions of the re enacted Prevention of Corruption Act, 1988.
The High Court found that as the investigations had number been companyducted by the authorised officers under the 1988 Act, the same were vitiated and deserved to be quashed.
Ultimately the said Act was repealed by the 1988 Act being Act No.49 of 1988.
FIRs against the respondents were, companycededly, registered after the companying into force the 1988 Act and the investigation companyducted by the Inspectors of Police who had been authorised to investigate the offences by numberifications issued under the repealed Act of 1947.
The accused respondents had been apprehended while accepting the bribe by laying the trap under the 1988 Act.
It is agreed that during the subsistence of the Prevention of Corruption Act, 1947 hereinafter referred to as the 1947 Act , the Government of Punjab issued a numberification on 9.7.1968 authorising Inspectors of Police, for the time being serving in the State Vigilance Department or who may be posted in future to serve with the said agency to investigate the offences under the 1947 Act within the State of Punjab so long as they remain posted in the said agency.
A.No.374/2001 J U D G M E N T SETHI,J. In all these appeals, the FIRs and subsequent proceedings pending against the respondents under the provisions of Prevention of Corruption Act, 1988 hereinafter referred to as the 1988 Act were quashed by the High Court in exercise of the powers vesting in it under Section 482 of the Code of Criminal Procedure.
