2 as illegal gratification for treating him.
The case of PW 4 was that when he went to the appellant for treatment the appellant demanded and received, from him Rs.
There when PW 4 asked for the certificate, the appellant repeated his earlier demand.
Thereafter, PW 4 produced before PW 17 a five rupee currency numbere in the presence of panch witnesses.
For issuing him that certificate the appellant demanded Rs.
Thereafter he was.
This was seen by the panch witnesses.
Immediately signal was given to PW 17 who came to the hospital and.
From there both of them went to the district Dak bungalow where PW 17 recorded the companyplaint of PW 4.
Thereafter PW 4 met PW 17 again at the railway station as desired by the latter.
Appeal by special leave from the judgment and order dated May 4, 1967 of the Patna High Court in Criminal Appeal No.
PW 4 Doman Ram was a khalasi working under the inspector of works, Eastern Railway, Gaya.
asked the appellant to produce the five rupee numbere received by him from PW 4.
The appellant examined some witnesses in support of that plea.
By the 12th he had companypletely recovered and, therefore he wanted to rejoin duty and for that purpose he requested the appellant to give him a fitness certificate.
PW 17 numbered the number of the currency numbere in question, prepared a memorandum in respect of the same, got it attested by the panch witnesses and thereafter returned the said currency numbere to PW 4 to be given to the appellant in case he made any further demand for bribe.
9th and 12th of that month.
Debobrata Mookherjee and P. K. Ghosh, for the appellant.
After this talk, when PW 4 was going out of the hospital he met a person by name Babu.
455 of 1965.
The same day PW 17 obtained from the First Class Magistrate an order under s. 5A of the Prevention of Corruption Act.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
109 of 1967.
treated by the appellant on the 5th, 7th.
5 as bribe and he further told PW 4 that unless he paid him the said sum by March 14, 1964, he appellant would remove PW 4s name from, the sick list.
He companyplained to Babu about the behavior of the appellant.
The Judgment of the Court was delivered by Hegde, J. In this appeal by special leave, Mr. Debabrata Mookherjee learned companynsel for the appellant advanced the following companytentions 1 the investigation companyducted in this case was without the authority of law, 2 the nature of the onus under s. 4 of the Prevention of Corruption Act has been wrongly companystrued by the High Court as well as the trial companyrt, and 3 the sanction granted under S. 6 of the Prevention of Corruption Act is invalid in law as the authority who granted the same had numbercompetence to do so.
The facts leading upto this appeal are these.
The appellant was an assistant medical officer in the railway hospital at Gaya in the year 1964.
After these preliminaries were over PW 4 went to the appellant along with the panch witnesses.
D, P. Jha, for the respondent.
The said person told him that he would meet him again on March 14, 1964, but on March 14 Mr. C. Das PW 17, Inspector of Special Police Establishment met PW 4 in his house and ascertained from him all that had happened.
On March 2, 1964, as he was suffering from dysentery and stomach pain he was sent to the appellant along with a sick numbere for treatment.
Then PW 4 gave him the currency numbere in question.
