Judgement

HEGDE, J. : In this appeal by special leave, Mr. Debobrata Mookherjea learned counsel for the appellant advanced the following contentions: (1) the investigation conducted 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 construed by the High Court as well as the trial Court, 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 no competence to do so.

2. The facts leading up to this appeal are these: The appellant was an Assistant Medical Officer in the Railway Hospital at Gaya in the year 1964. P. W. 4 Doman Ram was a khalasi working under the Inspector of Works, Eastern Railway, Gaya. On March 2, 1964, as he was suffering from dysentery and stomach pain he was sent to the appellant along with a sick note for treatment. The case of P. W. 4 was that when he went to the appellant for treatment the appellant demanded and received from him Rs. 2 as illegal gratification for treating him. Thereafter he was treated by the appellant on the 5th, 7th, 9th and 12th of that month. By the 12th he had completely reco