Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Once competent authority, after due application of mind to material submitted by investigating agency, declines to grant sanction, embargo u/s 19(1) of the Act becomes operative and bars Court from taking cognizance of offence...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Can be challenged only on the ground of lack of competency to grant sanction at the initial stage of framing of charge - Ground of non-application of mind can be available at the stage of trial...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Validity - Accused did not point out the lapses in the sanction order - Accordingly, in absence of any material to show that sanction for prosecution was issued without due application of mind and further in absence of any failure of justice, judgment of conviction cannot be interfered with on the..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Sanction order gives the details of complainant's case in brief and also that accused was trapped - Test on both the hands turning positive and recovery of tainted currency from possession of accused is also stated in the sanction order - Sanctioning authority had granted the sanction after..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - No document was sent to Sanctioning Authority to take an independent opinion based on record - Since there is no detail of connected records placed before her is mentioned in sanction order, application of mind and satisfaction of sanctioning authority is doubted...........
Criminal Procedure Code, 1973, Section 197, Drugs and Cosmetics Act, 1940, Section 18(c), 27(b)(ii), Drugs and Cosmetics Rules, 1945, Rule 123 -- Sanction for prosecution - Offence u/ss 18(c), 27(b)(ii) of the Act - Sanction for prosecution prima facie appears to be suffering from vice of non-application of mind - There is no reference to any of documents, evidence or..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Sanction granted and draft to grant sanction are ad verbatim - Managing Director without any application of mind accepted request of Superintendent of Police ACB to grant prosecution sanction against accused which is contrary to requirement and object of S.19 of the Act - Sanction granted for..........
Jammu and Kashmir Prevention of Corruption Act 2006, Section 6 -- Sanction for prosecution - Sanction accorded to prosecute accused not under influence or under directions of Special Judge - Order of sanction clearly reflects independent application of mind by competent authority to material before it - Sanction order is proper...........
Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 20A(2) -- Prior sanction for prosecution - Validity - Subject sanction (Ext.84) is in fact permission to apply Ss.3, 4, 5 of TADA - Reference is only to two documents reckoned by PW14 before issuing sanction - Although it is asserted that DSP was called for discussion and who in turn apprised him of all..........
Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 20A(2) -- Prior sanction for prosecution - Validity - Sanction (Ext.57) qua A-3 accorded merely on the basis of possession and recovery of two walky-talkies from him - A-3 not examined by prosecution - A walky-talky is certainly not one of those classified arms and ammunition, as mentioned under TADA -..........
