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1957 Supreme(SC) 114

J.L.KAPUR, B.P.SINHA
Jaswant Singh – Appellant
Versus
State Of Punjab – Respondent


Advocates:
Gopal Singh, SHAKUT HUSSAIN, T.M.SEN

Judgment

KAPUR, J. : The sole point in this appeal against the judgment and order of the Punjab High Court pronounced on December 31, 1953, is the validity and affect of the sanction given under S. 6 (1) of the Prevention of Corruption Act (Act 2 of 1947), hereinafter termed the Act.

2. The appellant was prosecuted for receiving illegal gratification and the charge against him was in the following terms:

"That, you, Jaswant Singh, while employed as a Patwari, Fatehpur Rajputan habitually accepted or obtained for yourself illegal gratification and that you received in the sum of Rs. 50 on 19-3-1953 at Subzi Mandi Amritsar from Pal Singh P. W. as a reward for forwarding the application Es. P. A. with your recommendation for helping Santa Singh father of Pal Singh in the allotment of Ahata No. 10 situate at village Fatehpur Rajputan and thereby committed an offence of criminal misconduct in the discharge of your duty mentioned in S. 5 (1) (a) of the Prevention of Corruption Act, 1947, punishable under sub-S. (2) of S. 5 of the aforesaid Act and within my cognizance."

The Special Judge found that the appellant had accepted illegal grantification from Pal Singh, Hazara Singh, Harnam Singh,





















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