Aggrieved by the judgment of acquittal passed by the learned Special Judge, the prosecuting agencies filed Criminal Appeal No.294 of 1994 before the Jabalpur Bench of the Madhya Pradesh High Court, which, by its judgment and order dated 31st March, 2008, reiterated the findings of the trial Court and dismissed the appeal upon holding that the sanction accorded by the State Government under Section 6 of the Act suffered from number application of mind, since in the sanction order only the facts of the prosecution case had been mentioned and numberreason had been given for according sanction in regard thereto.
The trial Judge acquitted the Respondents number on the ground that the prosecution had failed to prove its case, but upon holding that the sanction which had been accorded for the prosecution of the accused, was improper and had been given without application of mind.
Though, the learned Special Judge found the trap to have been proved, he acquitted the Respondents on the ground that the sanction to prosecute the accused had been granted without application of mind.
ALTAMAS KABIR, J. Leave granted.
At that time, Ghanshyamdas G.D. Sharma had been serving as Special Inspector, Excise and the sole Respondent herein, Harishankar Bhagwan Pd.
Tripathi, was serving as a Clerk in the said establishment.
