Supreme court: Dealing with the issue regarding the stage of questioning the sanction granted by the competent authority under Section 19 of the Prevention of Corruption Act, 1988, the 2-judge bench of Hon’b;e Dr. B.S. Chauhan and S.A. Bobde, JJ held that undoubtedly, the stage of examining the validity of sanction is during the trial. The Court, however, made it clear that it did not propose to say that the validity should be examined during the stage of inquiry or at pretrial stage. In present case, where a preliminary enquiry was registered against the respondent for disproportionate assets, the sanction had been accorded without considering and examining the relevant material as the same had not been sent by the CBI and even thereafter despite being requested by the Vigilance Department of Central Board of Direct Taxes, the Vigilance, CBI did not send the relied upon documents to the authorities. Considering the fact that in the instant case, the fact-situation warranted a different course altogether as the impugned order had already been partly complied with before filing the petition before this Court, the Court held that no interference was called for and hence, the appeal was dismissed.
Posted on: Tue, 03 Dec 2013 06:29:48 +0000
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