JUDGMENT

Dr. B.S. Chauhan, J.

1. This appeal has been preferred against the impugned judgment and order dated 3.10.2007 passed by the High Court of Delhi at New Delhi allowing Crl. R.P. No. 589 of 2007, setting aside the order dated 28.7.2007 passed by the court of Special Judge, Central Bureau of Investigation (hereinafter referred to as the ‘CBI’), by which and whereunder the Special Judge rejected the application of the respondent questioning the sanction granted by the competent authority under Section 19 of the Prevention of Corruption Act, 1988 (hereinafter referred to as the ‘Act 1988’), observing that the issue could be examined during trial.

2. Facts and circumstances giving rise to this appeal are that:

A. The appellant, CBI registered a preliminary enquiry against the respondent for disproportionate assets to the tune of Rs.8,38,456/- on 17.9.1999. After conclusion of the preliminary enquiry, a regular case was registered on 7.12.1999 as FIR No. S19/E0006/99 in respect of the same to the tune of Rs.40,42,23,478/-.

B. During the course of investigation, it came to light that disproportionate assets were only to the tune of Rs.12,04,46,936/-, which was 7615.45 times of his kno