Two questions of some importance arise in this criminal revision petition. They are :

(i) Whether sanction in terms of Section 197(1) of the Code of Criminal Procedure is required for prosecution under the Prevention of Corruption Act 1947 ?

(ii) Whether sanction under Section 6 of that Act is prerequisite for the prosecution of an accused public servant under Section 5 of that Act even when such accused person had ceased to be a public servant on the date of the taking cognizance of the offence by the Special Judge ?

2. The first accused in C.C. 27 of 1989 on the file of Enquiry Commissioner and Special Judge, Thiruvananthapuram is the petitioner herein. He had been a Minister of the Kerala Government during the relevant period and the Department of Electricity was one of the portfolio under his charge. The second accused, the second respondent was the Chairman of the Kerala State Electricity Board. The allegation against them is that during the period from October 1984 to May 1985 they conspired along with the then Power Secretary Sri. G. Gopalakrishna Pillai and in pursuance to the conspiracy sold 1, 22, 41, 440 units of electric current to M/s. Graphite India Ltd.,