Dated March 25, 1957, of the Supdt.
P. Varma, for the respondent.
C. Chatterjee, R. K. Garg, D. P. Singh, S. C. Agarwal and M. K. Ramamurthi, for the appellant.
1136 D dated April 11, 1957, the Governor of Bihar, in pursuance of the provisions laid down in 6 of the said Act and under s. 197 of Criminal Procedure Code, is pleased to Accord sanction to the prosecution of the aforesaid Shri Ram Sagar Pandit under the said sanction.
66,832/7/3.
By order of the Governor of Bihar Sd H. N. Thakur Joint Secretary to Government.
He had two wives and had three children by them.
Hence the appeal.
December 4.
Admittedly his family was number in affluent circumstances, and his wives did number bring him any fortune.
Appeal by special leave from the judgment and order dated September 20, 1960 of the Patna High Court in Criminal Appeal No.
The judgment of the Court was delivered by SUBBA RAO, J. This Appeal by Special Leave is preferred against the judgment of the High Court of judicature at Patna companyfirming the companyviction of the appellant under s. 5 of the Prevention of Corruption Act by the Special judge, Bhagalpur.
of Police, Bhagalpur, and the First Information Report of the case is attached herewith.
On that finding the learned judge companyvicted the appellant tinder Sub s. 1 read with Sub s. 3 , of S. 5 of the Act, and sentenced him to undergo rigorous imprisonment for three years, and to pay a fine of Rs.
125/ and Rs.
On appeal the High Court accepted the finding of the Special judge and company firmed the companyviction and the sentence passed on him.
450/ .
And whereas the Governor of Bihar has reasons to believe, on a companysideration of the facts mentioned in the aforesaid documents that Shri Ram Sagar Pandit Lecturer number under suspension Sabour Agricultural College, Bhagalpur has companymitted offences under clause 2 read with clause 3 of section 5 of the Prevention of Corruption Act 1947 11 of 1947 .
The appellant had a hand in the purchase of sets and in the distribution of the same to various agriculturists.
of Police, Bhagalpur addressed to the Secretary to the Government of Bihar Development Dept, companyy enclosed through the Commissioner Bhagalpur Division and whereas the Governor of Bihar has reasons to believe on the companysideration of the facts mentioned in the aforesaid documents, that Shri Ramsagar Pandit, Lecturer number under suspension Sabour Agricultural College, Bhagalpur has companymitted offences under clause 2 read with clause 3 of section 5 of the Prevention of Corruption Act 1947 Act 11 of 1947 .
Then he was reverted to the post of lecturer in mechanics in the Agricultural College in the scale of Rs.
The facts may be briefly stated.
The appellant joined Government service in 1942 as a teacher in the Reformatory School, Hazaribagh, on a pay of Rs.
1195 Criminal, dated 25.3.1957 written by the Supdt.
In 1945 he became a lecturer in Mechanics in Sabour Agricultural College, in which he served till November 30, 1949 in the scale of Rs.
It appears that on May 7, 1957, the Supdt.
200 to 450 .
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
46 of 1961.
of Police Bhagalpur and the F.I.R. of the case is attached herewith.
125/ .
of Bihar, Development Deptt.
125 to 250/ till August 1947 and from September 1947 to November 1949 in the scale of Rs.
The case of the prosecution is that during the years 1950 and 1952 the Government introduced a scheme called Grow More Food Scheme subsidized by it.
220 to Rs.750/ .
200 to Rs.
On March 25, 1957 and April 11, 1957 the Supdt.
By order of the Governor of Bihar Sd H.N. Thakur, 25.6.57 Joint Secretary to Government, Govt.
Under that scheme pumping sets were purchased by the Government and supplied to agriculturists on payment of 50 per cent of the companyt incurred by the Government.
1 and 3 of s. 5 of the Act.
2250 D. ,,Whereas the Governor of Bihar has companysi dered the facts stated in the F.I.R. and the letter No.
5001 .
1186D. Whereas the Governor of Bihar has companysidered the facts stated in the F. 1.
1195/CR, dated March 26, 1957 of the Superintendent of Police, Bhagal pur, addressed to the Secretary to Government of Bihar, Development Department companyies enclosed through the Commissioner, Bhagalpur Division.
The said sanctions show that the sanctioning authority has companysidered the facts stated in the First Information Report and the letter No.
During that period he was drawing salary with five advance increments in the scale of Rs.
of Police obtained the sanction of the Government of Bihar, Development Department, for, prosecuting the appellant under s. 5 2 , read with clause 3 of s. 5 of the Prevention of Corruption Act, 1947 Act 11 of 1947 , hereinafter called the Act.
32 of 1958.
As the argument turned up on the scope of the sanction and the manner in which it was given it will be necessary to read it in extenso Government of Bihar Development Depart ment Patna, April 11, 1957.
In that companynection he had the opportunity to make money on both ends i.e. when they were purchased and when they were distributed.
The Special judge, on a companysideration of the evidence, found in the light of the presumption laid down in s. 5 3 of the Act that the accused was taking illegal gain out of his economic position in the scheme during the year 1951 52.
It would be seen that his salary was only ranging between Rs.
On receipt of that letter sanction was granted on June 25, 1957, in the following terms No.
of Police.
In December 1949 he became Mechanical Assistant Engineer at Sabour and companytinued to hold that office till August 31, 1952.
P. Code for the prosecution of the appellant under s. 5 2 and 3 of the Act in a proper criminal Court of law.
Order No.
The First Information Report was lodged by the Sub Inspector of Police.
1195 Cr.
300/ .
The appellant took an illegal gratification during the implementation of the said scheme.
On obtaining the sanction the appellant was put on trial before the Special judge, Bhagalpur, for an offence punishable under s. 2 read with sub ss.
A companyy each of the letter of the Supdt.
of Police sent another letter to the Secretary of the Government of Bihar under s. 1970 of the Criminal Procedure Code as well.
R. and the letter No.,
During the year 1951 52 his Bank account and other evidence showed that he came into possession of a sum of Rs.
Now, therefore, in partial modification of the sanction accorded in Govt.
Now, therefore, the Governor of Bihar in pursuance of the provision laid down in section 5 of the said Act, 1947 is pleased to accord sanction to the prosecution of the aforesaid Shri Ram Sagar Pandit under the said section, A companyy each of the letter of the Supdt.
