Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Merely because there is any omission, error or irregularity in the matter of granting sanction, that does not affect validity of proceedings unless Court records its own satisfaction that such error, omission or irregularity has resulted in a failure of justice...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - If a draft order is placed before sanctioning authority and he is satisfied that nothing needs to be added/deleted therefrom, grant of sanction cannot be faulted merely on the ground of absence of addition of words or deletion of words from the draft...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Investigation - Police officer not below the rank of an Inspector of Police may investigate any offence punishable under the Act as per Government order - PW4 conducted investigation being an officer of rank of Inspector of Police in the Anti-Corruption Branch - It cannot be said that..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Demand has been proved without a doubt - Evidence of seizure witness had been found creditworthy as his version in-chief was not shaken after thorough cross-examination - His evidence need not be discarded merely because he was related to complainant - Even..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Reduction of sentence - Considering date of incident of offence, advanced age of appellant, mental anxiety and continued stress that he must have experienced by pendency of proceedings, imposition of sentence of prison term for minimum period would sufficiently serve the interests of..........
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...........
Indian Penal Code, 1860, Section 120B, Prevention of Corruption Act, 1988, Section 7, 19 -- Criminal conspiracy - Denial of sanction for prosecution u/s 19 of P.C Act - Public servant in respect of whom sanction to prosecute has not been granted u/s 19 of P.C Act and who is, therefore, not charged with any substantive offence under the said Act, cannot be proceeded against..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), (d) -- Bail - Cheating - Appellant is in custody since 28.9.2021 - Total amount of proceeds of crime allegedly laundered by appellant is hardly Rs.1 crore - Bail granted to appellant subject to strict conditions that..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), (d) -- Bail - Appellant involved in a very serious financial scam - He is in custody since 1.11.2021 - Having regard to period of custody undergone by appellant as also the fact that High Court stayed the proceedings..........
Prevention of Corruption Act, 1988, Section 13(1)(b), 13(2), 17, Criminal Procedure Code, 1973, Section 154 -- Disproportionate assets - FIR - Preliminary enquiry - In matters of corruption a preliminary enquiry although desirable but is not mandatory - In a case where a superior officer, based on a detailed source report disclosing commission of a cognizable offence,..........
