The sanction for prosecution under the Prevention of Corruption Act, 1947 is valid if the sanctioning authority has considered all the relevant facts before granting the sanction.

K.SUBBA RAO, J.

(1) THIS Appeal by Special Leave is preferred against the Judgment of the High Court of Judicature at Patna confirming the conviction of the appellant under s. 5 of the Prevention of Corruption Act by the Special Judge, Bhagalpur.

(2) THE facts may be briefly stated. The appellant joined Government service in 1942 as a teacher in the Reformatory School, Hazaribagh, on a pay of Rs. 125.00. In 1945 he became a lecturer in Mechanics in Sabour Agricultural College, in which he served till November 30, 1949 in the scale of Rs. 125 to 250.00 till August 1947 and from September 1947 to November 1949 in the scale of Rs. 200 to 450.00. In December 1949 he became - Mechanical Assistant Engineer at Sabour and continued to hold that office till August 31, 1952. During that period he was drawing salary with five advance increments in the scale of Rs. 220 to Rs.750.00. Then he was reverted to the post of lecturer in mechanics in the Agricultural College in the scale of Rs. 200 to Rs. 450.00. It would be seen that his salary was only ranging between Rs. 125.00 and Rs. 300.00. He had two wives and had three children by them. Admittedly his family was not in affluent circumstances, and his wives did not bring him any fortune. During the year 1951-52 his Bank account and other evidence showed that he came into possession of a sum of Rs. 66,832/7/3.

(3) THE case of the prosecution is that during the years 1950 and 1952 the Government introduced a scheme called Grow More Food Scheme subsidized by it. Under that scheme pumping sets were purchased by the Government and supplied to agriculturists on payment of 50 per cent of the cost incurred by the Government. The appellant had a hand in the purchase of sets and in the distribution of the same to various agriculturists. In that connection he had the opportunity to make money on both ends i.e. when they were purchased and when they were distributed. The appellant took an illegal gratification during the implementation of the said scheme. On March 25, 1957 and April 11, 1957 the Superintendent of Police obtained the sanction of the Government of Bihar, Development Department, for prosecuting the appellant under s. 5(2), read with clause (3) of s. 5 of the Prevention of Corruption Act, 1947 (Act 11 of 1947), hereinafter called the Act. On obtaining the sanction the appellant was put on trial before the Special Judge, Bhagalpur, for an offence punishable under s. 2 read with sub-ss. (1) and (3) ofs. 5 of the Act. The Special Judge, on a consideration of the evidence, found in the light of the presumption laid down in s. 5(3) of the Act that the accused was taking "illegal gain out of his economic position" in the scheme during the year 1951-52. On that finding the learned Judge convicted the appellant under Sub-s. (1) read with Sub-s.(3), of s. 5 of the Act, and sentenced him to undergo rigorous imprisonment for three years, and to pay a fine of Rs. 500.00. On appeal the High Court accepted the finding of the Special Judge and confirmed the conviction and the sentence passed on him. Hence the appeal.

(4) LEARNED Counsel for the appellant contended that the sanction given by the Government was illegal for three reasons :

1. The sanctioning authority had not before it all the relevant facts constituting the offence for which sanction was asked for before giving the sanction. 2. The sanction was given for prosecuting the appellant under sub-s. (2) read with sub-s. 3 of s.5 of the Act, whereas he was convicted for a different offence under sub-s. (1) of s. 5 read with sub-s. (3). 3. The sanction was given under sub-s. (3) of s. 5 which lays down only a rule of evidence on a wrong assumption that the said sub-section creates an offence.

(5) AS the argument turned upon the scope of the sanction and the manner in which it was given it will be necessary to read it in extenso ;

"GOVERNMENT of Bihar Development, Department......Patna, A