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 known sources of income. It further surfaced that the respondent was involved in money laundering; and for channelising his ill-gotten wealth, had established a number of companies wherein his family members were the founding directors.

C. The CBI sent a letter to the Ministry of Finance dated 24.5.2002 for accord of sanction for prosecution of the respondent. The same was accompanied by the Superintendent of Police’s (hereinafter referred to as the ‘SP’) report of 163 pages containing a detailed gist of the relevant statements and documents including the information on income tax returns etc.

D. The Central Vigilance Commission after examining the said case advised the Ministry of Finance to grant sanction for prosecution. The Investigating Officer visited the Directorate of Income Tax (Vigilance) in September 2002 and placed necessary documents for the perusal of the Additional Director, Income Tax (Vigilance) who was seized of the matter pertaining to the sanction for prosecution of the respondent. The Finance Minister accorded sanction vide order dated 2.11.2002 and as a consequence thereof, the sanction order was issued vide order dated 26.11.2002 under the seal and signature of the Under Secretary (V&L), Ministry of Finance.

E. A charge sheet was filed by the CBI before the Court of Special Judge on 5.12.2002 and on the basis of the same, the court took cognizance and issued summon to the respondent on 10.1.2003.

F. The respondent challenged the validity of the sanction by filing an application dated 1.5.2003 and a similar application was again filed on 12.9.2005. The learned Special Judge heard the said applications and dismissed the same vide order dated 28.7.2007, holding that it was not the appropriate stage to decide as to whether sanction granted by the competent authority was invalid.

G. The respondent filed a Revision Application under Sections 397, 401 r/w 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Cr.P.C.’) for setting aside the said order of the Special Judge dated 28.7.2007. The said petition was contested by the appellant. However, the High Court vide impugned judgment and order set aside the order of the Special Judge and remanded the case to record a finding on the question of any failure of justice in according sanction and to examine the sanctioning authority, as a witness even at pre-charge stage, if it deems fit. Hence, this appeal.

3. Shri K.V. Vishwanathan, learned Additional Solicitor General appearing for the appellant has submitted that the application challenging the validity of the sanction at a stage anterior even to framing of the charges is unheard of and is in contravention of the settled legal propositions. In view of the fact that the sanction had been granted by the competent authority, the