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1978 Supreme(SC) 367

A.D.KOSHAL, D.A.DESAI, P.S.KAILASAM
Lakshmi Shanker Srivastava – Appellant
Versus
State (Delhi Administration) – Respondent


Advocates:
C.P.LAL, H.R.KHANNA, M.N.SHROFF

Judgment

DESAI, J. :- The appellant in this appeal by special leave limited to the determination of the question : whether the sanction is valid in law or not, has been convicted for offences under S. 5 (2) read with S. 5 (1) (d) of the Prevention of Corruption Act, 1947 (Act for short), and S. 161 of the I. P. C., and was sentenced to suffer rigorous imprisonment for 18 months on each count and a fine of Rs. 200/- in default to suffer further rigours inprisonment for a period of two months, for an offence under S. 5 (2) of the Act. His appeal being Criminal Appeal No. 54 of 1971 was dismissed by the High Court of Delhi and the conviction and sentence were confirmed.

2. As the leave is limited to the question of the validity of sanction accorded under S. 6 of the Act, it is not necessary to set out in detail the prosecution case, Briefty stated, the prosecution cases is that the appellant who was employed at the relevant time as Investigator in the Office of the Chief Controller of Imports & Exports (C. C. I. E. for short), accepted from one P. T. Toprani an amount of Rs. 250/- by way of illegal gratification which was not his legal remuneration in presence of witnesses on 18th June
































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