The respondent was arrested and produced before the Additional Sessions Judge, Ghumarwin and was remanded to judicial custody upto May 16, 2005.
The Principal Secretary Health , on the basis of the material placed before her and on examination of the case, found numberjustification in granting sanction to prosecute the respondent.
In view of this, there appears to be numberjustification for launching prosecution against Sh.
The respondent was released on bail later on.
1/2005 was registered under Sections 7 and 13 2 of the 1988 Act at Police Station AC Zone, Bilaspur.
It appears that the companyplainant has registered a case which appears to be frivolous and has resulted in unnecessary harassment and hindrance in the working of the Drug Inspector.
It is number in dispute that the Principal Secretary Health , Government of Himachal Pradesh is the companypetent authority authorized under the Rules of Business for according sanction in the matter.
Sareen in the companyrse of his duties and responsibilities and impartial discharge of his duties sic .
Thereafter, a raiding party under the supervision of Deputy Superintendent of Police, AC Zone, Bilaspur was companystituted and a trap was laid on May 12, 2005.
5,000/ from him as bribe to allow him to run the said hospital without checking by the Drug Inspector.
In the order dated November 27, 2007 whereby sanction was refused, it was observed as under Therefore, after thorough examination of the case taking all the aspects into companysideration and scrutiny of the service records it has been companycluded that Sh.
The respondent is said to have been caught red handed on that day accepting the bribe from the companyplainant.
M. Lodha, J. Leave granted.
Nishant Sareen the respondent was posted as Drug Inspector, Bilaspur Himachal Pradesh in 2005.
One, Dr. Ramdhan Sharma, owner of Leelawati Hospital, Ghumarwin lodged a companyplaint against the respondent in the Vigilance Department of the State Government that the respondent had demanded Rs.
Based on the said companyplaint, a first information report being No.
