IMPORTANT POINT
The challenge to the order of sanction on the ground of improper application of mind or non-consideration of relevant material is required to be raised during trial and established by leading evidence.

ORDER :

1. The petitioner has filed this petition under Section 482 of the Cr.P.C. for quashing the impugned order of sanction dated 19.03.2020 (Annexure P/18) issued by respondent No. 3 against the petitioner, the Special Case No. 01/2018 pending against the petitioner before the learned Special Judge, Prevention of Corruption Act, 1988, Dantewada, District-Bastar (C.G.) as well as to quash and set aside the impugned charge-sheet No. 38/2016 dated 24.01.2018 (Annexure P/11) and supplementary charge-sheet No. 38-A/2016 dated 12.05.2020 (Annexure P/19).

2. The case of the prosecution, in brief, is that in the year 2015-2016, when the petitioner was posted and serving as a Range Officer at Sukma, District- Bastar (C.G.) in the forest department of Government of Chhattisgarh, the respondent Anti Corruption Bureau (ACB), Jagadalpur on a secret information that the petitioner earned and owned disproportionate properties, conducted a search operation on the house and other places allegedly owned and possessed by the petitioner. The ACB has recovered and seized certain properties and valuables allegedly belonging to the petitioner, his wife and one of his distant relatives. Based on the such recovery and seizure of disproportionate properties, Crime/FIR No. 41/2015 dated 17/07/2015 was registered against the petitioner at respondent No. 6/Anti Corruption Bureau, Jagdalpur District-Bastar (C.G.) for commission of offence punishable under Section 13(1)(e) and 13(2) of the Prevention of Corruption Act 1988 (for short “the Act, 1988”).

3. On 04.09.2015, the respondent ACB, directed the petitioner to submit the details of his properties and a notice dated 05/02/2016 was issued to the wife of the petitioner namely Smt. Lakshmi Kaware under Section 91 of the Cr.P.C. directing her to submit information in Form No. 1, 2 & 3, but, no explanation was given by the wife and relatives of the petitioner. The prosecution after collecting the evidence and materials on record and also considering that no details of income and expenditure incurred by the petitioner, the ACB has submitted final charge-sheet under Section 173 Cr.P.C. for commission of offence under Section 13(1)(e) and 13(2) of the Prevention of Corruption Act before the Special Judge (Anti Corruption) which is registered as Special Case No. 1/2018.

4. It is case of the petitioner that he made several applications to the ACB, Jagdalpur between August 2015 and March 2016 including the letter dated 17.08.2015 seeking copies of various documents relating to alleged disproportionate properties seized during search operation for providing the copy of inventory, etc. and prayed for providing documents and information regarding the properties allegedly seized and also prayed for giving time for submission of suitable explanation and appropriate information after going through the aforesaid documents and information prayed for but the respondent ACB, Jagdalpur did not pay heed to any of the requests made by the Petitioner and kept the investigation on and collected information and documents from the various government departments and from certain private individuals. The petitioner in response to first letter dated 04.09.2015 issued by the ACB, Jagdalpur furnished the details of his properties and his wife's properties in two separate set of Form No 1, 2 and 3. During the investigation, the respondent ACB, Jagdalpur sought information from the Tehsildar, Mahasamund and Deputy Director, Horticulture, Mahasamund regarding the agriculture income of petitioner's wife. The Tehsildar Mahasamund, vide letter dated 29.06.2016 informed the ACB, Jagdalpur that the wife of petitioner namely Smt. Lakshmi Kawre has earned a tune of Rs. 2,83,49,416.00 (Two crore eighty three lac forty nine thousand four hundred sixteen) till the year 2015 which was the subject period of investigation of the instant case and the Deputy Director, Horticulture, District- Mahasamud, vide letter dated 03.08.2016 also provided informat