1. Through corrupt practices even the means of sustenance of lesser mortals are being devoured and swallowed by the corrupt powerful people. The economic strength of state gets destabilized because of abominable acts of a handful of corrupt powerful people. By indulging in corrupt practices a small section of population has attained extreme richness and affluence and has reduced a large section of the society so poor that it has become difficult for them to have both ends meet.

2. It is the result of the corruption that we are finding children, who should be in the schools, either working or begging. The corruption is converted into an industry and money power has become biggest power and people who possess it are ruling the roost.

3. The corruption laws which are available in the State probably are too weak to meet the challenge of corruption. The State needs to have re-look on the said laws so as to make them more stringent. It appears that unless the extreme deterrent penalty is provided in the corruption law it will continue to remain only a paper tiger. In the State of J&K, there are only four Courts, which have been conferred with the powers under the J&K Prevention of Corruption Act, 2006. The Delay in disposal of the case is, thus, attributable to the lack of adequate remedial machinery. The State, in order to ensure that the trials in corruption cases are concluded expeditiously, may consider to confer the powers on the Additional Sessions Judges in all the Districts wherever they are available in the State of J&K other than Srinagar and Jammu Districts, in consultation with High Court.

4. Looking to the facts of this case, on the allegations that petitioner demanded and accepted Rs. 2,000/- as illegal gratification, a case FIR No. 15 of 2003 in Police Station VOK, Srinagar was registered. After the conclusion of the investigation report under Section 173 Cr. P. C. was filed before the Court of competent jurisdiction against the petitioner. The charge was framed on 09.07.2005. The prosecution has lead the evidence in support of their case. When the statement of the petitioner under Section 342 Cr. P. C. was to be recorded an application was filed on his behalf praying for his discharge on the ground that the sanctioning authority was misled by the investigating agency for issuing sanction for prosecution of the petitioner on the ground that the liquid preserved in the bottles had turned colourless. Learned trial Judge rejected the application of the petitioner for discharging him on the aforementioned ground and left the issue open by observing that the said contention of the petitioner cannot be taken into consideration at this stage of the trial and the issue can be raised at the conclusion of the trial when arguments are to be heard finally in the case. The learned trial Court has rejected the application of the petitioner on 26.02.2010.

5. Feeling aggrieved of the said order, the petition under Section 561-A Cr. P. C is filed wherein it is prayed that the entire proceedings including the impugned order dated 26.02.2010 be quashed.

6. Heard learned counsel for the parties. Considered the matter.

7. Mr. S. T. Hussain, learned counsel for petitioner submitted that in terms of Clause (b) of Section 6 of the J&K Prevention of Corruption Act, Svt. 2006 (for short "Act of 2006"), the authority which is competent to remove the petitioner from the office was authorized to grant the sanction. Statute having specifically provided that sanction for prosecution can be issued by the authority who can remove the employee from service, as per the submission of learned counsel for petitioner in this case it is the Financial Commissioner, Revenue. The sanction could alone have been issued by the said authority and sanction issued by the Government in this case is illegal and without jurisdiction and accordingly the proceedings initiated on the basis of such an illegal sanction stand vitiated in the eyes of law and consequently the entire

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