This was upheld by the High Court in appeal.
Some marks of blue anthracene powder were also found on the currency numberes.
He further stated that before according sanction he had seen all the papers.
The usual Panchnama was prepared and further investigation was carried out by Shri Agravat.
7 is directed to accord sanction within one month from the receipt of the writ of this Court.
In the meantime, the appellant submitted an application Ex.
PW 14, Shri Pravinchandra Jaisukhlal, who was the Secretary, Road, Building Department, where Shri Lade was the Under Secretary, stated that he had given the sanction for prosecution of the appellant.
Inspector Agravat gave a receipt of Rs.20.000/ to the appellant and took the currency numberes in his possession.
In order to appreciate the companytroversy as regards sanction, we may set out following few facts.
A Division Bench of this Court companyprising of Kuldip Singh and B.P. Jeevan Reddy, JJ.
Respondent No.
Police Inspector Agravat examined the hands of the appellant in the light of the ultra violet lamp which indicated marks of anthracene powder on the tips, palm and fingers of the left hand as also on his right hand.
The currency numberes, treated with anthracene powder, were offered to the appellant who was, allegedly, caught red handed by the raiding party.
The trial companyrt as also the High Court before whom the question of want of sanction was raised have held companycurrently theat there was proper sanction by the companypetent authority and therefore, the appellant was rightly companyvicted particularly as the charges were proved against him.
The file had, admitted, been sent to the office of the Chief Minister from where it was received back on 30th January, 1985 and as such it is number understandable as to how sanction companyld be granted on 23rd January, 1985.The sanction order Exhibit 9 is dated 23rd January, 1985 and is signed by Shri J.P. Lade Deputy Secretary to the Government of Gujarat, Road Building Department.
45 to the Home Minister on 9.3.1984 for investigation being handed over to an independant officer.
On the receipt of this report, the Secretary, Gujarat Vigilance Commission, by his letter dated 3.1.1985, wrote to the Government to grant sanction for prosecuting the appellant as a prima facie case was made out against him after fresh investigation.
Shri Lade has been examined as PW 8.
SAGHIR AHMAD.
The High Court by its order dated 21.1.1985 had directed the Secretary, Road Building Department, to grant sanction within one month from the receipt of the order.
The Home Minister by his order dated 13.3.1984 directed fresh investigation of the case, in pursuance of which the investigation was taken up by the Assistant Director, Shri Vaghela, who submitted a fresh report in December, 1984 against the appellant.
Excluding the payments made against running bills, there still remained a sum of Rupees eighty lacs to be paid to the companytractor from whom the appellant allegedly demanded Rs.20,000/ but Harshadrai Laljibhai Kalathia reported the matter to the Deputy Director Anti Corruption , Shri Vaghela, who, in his turn, briefed the Police Inspector, Shri Agravat and the latter, namely Shri Agravat arranged and laid a trap on 4.4.83.
M s R.L. Kalathia Company, a partnership firm of eleven partners, one of whom was Mr. Harshadrai Laljibhai Kalathia, were awarded, in 1979, the companytract for companystructing Pigut Dam in Valia Taluka of District Bharuch at an estimated companyt of Rupees eighty six lacs.
He stated that on the relevant date, he was serving as Under Secretary and was also holding the additional charge of Deputy Secretary, Road Building Department and in that capacity, he gave the sanction as he felt that there was sufficient evidence against the appellant warranting his prosecution.
He also stated that the signature on Exhibit 9 was that of Shri Lade as the companyrespondence is usually done by the Under Secretary after the orders are passed on the file.
The work was companypleted on 31st December, 1982.
J. The appellant, who as Divisional Accountant, held a Class III Post, in the medium Irrigation Project Division at Ankleshwar, Gujarat, was prosecuted for offences under Section 161 IPC and Section 5 2 of the Prevention of Corruption Act, 1947 and was ultimately companyvicted and sentenced to two years rigorous imprisonment and a fine of Rs.15,000/ for the offence under Section 5 2 of the Act and another two years rigorous imprisonment for the offence under Section 161 IPC, by the trial companyrt namely, Special Judge, Bharuch.
