IMPORTANT POINT
Sanction for prosecution u/s.197 Cr. P.C. in respect of an offence u/s. 409. I.P.C. is required where the acts complained are so integrally connected with the duties attaching to the office as to be inseparable from them.

JUDGMENT

Manisana, J.- These three petitions, namely Criminal Revision Nos. 84 of 1987, 85 of 1987 and 113 of 1987, can be disposed of by a common judgment as they are from a common judgment of the Deputy Commissioner, Bomdila passed in Criminal Revision Nos. 1 and 2 of 1986. Sarvashri Mohan Tiwari, C. Lama, K. Hagum, N. Gohain, A. Bhattacharjee and T. Sether are the petitioners in Criminal Revision No. 84 of 1987, Shri Mohan Tiwari is the petitioner in Criminal Revision No. 85 of 1987 and Shri D.L. Nandi is the petitioner in Criminal Revision No. 113 of 1987. The petitioners have prayed for quashing of the charges framed against them under sections 409 and 418, I.P.C.

2. The case of the prosecution, in brief, is thus. On the basis of a preliminary report submitted by Mobile Squad Arunachal Pradesh Forest Department relating to loss of Government revenue to the extent of Rs.25,00,000/- due to illegal extraction of timber during the period of 1981 to 1984, the police investigated the crime and submitted charge-sheet against the accused-petitioners and RC. Das(since deceased) under sections 409 and 418, Indian Penal Code. In the forest in question, the timber operation was carried out on the following manner. The registered contractor applied for cutting down trees growing in the forest Under the order issued by the Divisional Forest Officer (D.F.O.), the Range Officer marked the trees, which were to be cut down, and collected advance royalty. Thereafter, the Passing Officer deputed by the Range Officer physically inspected the logs after the trees had fallen and logs were measured and measurement was entered in the "Log Measurement Book". On the basis of entry in "Log Measurement Book" final bill was prepared and advance royalty was adjusted. The Passing Officer puts Hammer marks on the logs. If the timber was sawn, the end produce or product was estimated at 65% in the case of manually sawn and 60% incase of sawing by mechanical process. There are two other registers, namely "Timber Marking Register" and "Sawn Timber Measurement Book". Said hammer marks also put on the sawn timbers. In the present case the quantity of the sawn timber for which the transit passes had been issued was more than the quantity entered in the register of Sawn Timber Measurement Book. The quantity of the timber measured before sawing and entering in Measurement Book should be less than the quantity of the logs by 25% or 30%, as the case may be. Therefore, there was unauthorized or illegal extraction of timber in connivance with the officials concerned. The trial court framed charge under Section 409, I.P.C. On revision the learned Deputy Commissioner ordered that charge under section 418, I.P.C. was also to be added. Hence this petition.

3. The above facts, prima facie indicate that the petitioners have dishonestly violated the legal duties in discharge of the trust. Therefore, the charge under section 409, I.P.C., cannot be quashed. As regards the charge under section 418, I.P.C., the same relates to cheating. The facts stated above does not disclose facts constituting cheating and, therefore, the charge under section 418, I.P.C., is to be quashed.

4. As regards the sanction in respect of section 409, I.P.C., the Supreme Court has, in Amrik Singh v. State of Pepsu1, held that if the acts complained of are so integrally connected with the duties attaching to the office as to be inseparable from them, then sanction under section 197(1) would be necessary, but if there was no necessary connection between the acts complained of and the performance of those duties, then no sanction would be required. The result then is that, whether sanction is necessary to prosecute to public servant on a charge of criminal breach of trust, will depend on whether the acts complained of hinge on his duties as a public servant.

5. From the facts stated above, it appears that the accusations made against the accused are so integrally connected with the duties attaching to t