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M. S. KARNIK
Sabaji Shetye – Appellant
Versus
State of Goa – Respondent
JUDGMENT/ORDER
1. This criminal revision application under Sec. 397 of the Code of Criminal Procedure, 1973 ('Cr PC' for short) takes exception to the order dtd. 11/1/2023 passed by the Special Judge, North Goa at Panaji in SPCC No.1/2023. The facts in brief are as under.
2. The applicant was working at the relevant time with the Government of Goa being member of the Goa Civil Services. In the year 2016, the applicant was posted as Additional Collector at Panaji. In respect of processing 4 applications for the purpose of obtaining NOC for storage of explosives under the provisions of Explosive Act, it was alleged that the applicant demanded various amounts. There were as many as 3 traps laid which failed. On 6/6/2017, the 4th trap was laid. On the basis of the aforesaid trap, the applicant was arrested. The Anti-Corruption Branch, Department of Vigilance, submitted an application dtd. 21/6/2018 to the Chief Secretary for grant of sanction against the applicant for prosecution under the provisions of Prevention of Corruption Act, 1988 (hereinafter referred to as 'the P.C. Act', for short). The Chief Secretary granted sanction vide order dtd. 7/11/2018.
3. When the purported sanction wa
The amendment to Sec. 19(1)(b) of the Prevention of Corruption Act extends the requirement of prior sanction for prosecution to include public servants who were in service at the time of the alleged ....
The requirement of prior sanction for prosecution under Sec.19 PC Act applies at the time of taking cognizance of the offence, and the intent behind the provision is to protect public servants from m....
A public servant cannot be prosecuted under the Prevention of Corruption Act without a valid sanction from the competent authority, and such authority cannot delegate its power to grant or refuse san....
Sanction for prosecution of public servants must reflect independent assessment; repeated refusals by the authority, absent new evidence, undermine legitimacy of prosecution.
The validity of a sanction under the Prevention of Corruption Act can be challenged at any stage of proceedings, and a fresh sanction does not violate the principle against double jeopardy if the pre....
Point of law : Section 19(3) of the PC Act indicates that it deals with three situations: (i) Sub-Clause (a) deals a situation where a final judgment and sentence has been delivered by the Special Ju....
The validity of the sanction to prosecute under the Prevention of Corruption act, 1988 depends on the application of mind by the sanctioning authority and their full knowledge of the material facts o....
Any error, omission or irregularity in grant of sanction will not affect any finding, sentence or order passed by a competent Court unless in opinion of court a failure of justice has been occasioned....
The Competent Authority cannot review its earlier decision to refuse sanction without fresh materials, and there is a distinction between absence of sanction and alleged invalidity on account of non-....
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