The general consent given by the State Government for investigation of offences punishable under a specific act holds good for authorizing the investigative agency to investigate subsequent amendments and new offences created under the same act.

JUDGMENT :

1. The petitioners in this petition are the accused facing trial in a criminal case titled Central Bureau of Investigation vs. V.K.Sharma and another before the Court of learned Special Judge Anti-corruption (CBI Cases), Jammu [“the trial Court”] arising out of FIR No.RC0042014A0001 under Section 5(1)(e) of the Jammu & Kashmir Prevention of Corruption Act, Svt. 2006 [“2006 Act”] read with Section 109-B RPC. They are aggrieved of and have challenged the presentation of criminal challan before the trial Court on the ground that Central Bureau of Investigation [“CBI”], a special police establishment constituted under Section 2 of the Delhi Special Police Establishment Act, 1946 [“DSPE Act”] has no jurisdiction to investigate the offence under Section 5(1)(e) of the 2006 Act unless a prior consent of the State Government in terms of Section 6 is obtained by the CBI. Reliance is placed on Sections 3, 5 and 6 of the DSPE Act to support this contention.

2. Per contra, the stand of the CBI and the State respondent is that there is general consent given by the State Government in terms of Section 6 for investigation of the offences punishable under the Jammu & Kashmir Prevention of Corruption Act, 2006. Reliance is placed by the respondent on a communication of the Government of Jammu & Kashmir bearing No.S-253/57-PD dated 07.05.1958. The respondents submit that since there is general consent given by the State for investigation of offences punishable under the 2006 Act, as such, no fresh consent is required to be given by the State Government for investigating an offence which may have been incorporated in the 2006 Act by an amendment made subsequent to the issuance of communication dated 07.05.1958.

3. Having heard learned counsel for both sides and perused the material on record, following short but interesting question arises for adjudication:-

“Whether the general consent given by the erstwhile Government of Jammu & Kashmir vide its communication dated 07.05.1958 for investigation of offences punishable under the Jammu & Kashmir State Prevention of Corruption Act, 2006 is applicable and holds good for authorizing DSPE/CBI to investigate an offence under Section 5(1)(e) of the 2006 Act, which came to be incorporated in the year 1983 by Jammu & Kashmir Prevention of Corruption(Amendment) Act, 1983?.

4. Before adverting to the rival contentions, it would be appropriate to set out Sections 2, 3, 5 and 6 of the DSPE Act, which read thus:-

“2. Constitution and powers of special police establishment.—(1) Notwithstanding anything in the Police Act, 1861 (5 of 1861), the Central Government may constitute a special police force to be called the Delhi Special Police Establishment for the investigation in any Union territory of offences notified under section 3.

(2) Subject to any orders which the Central Government may make in this behalf, members of the said police establishment shall have throughout any Union territory, in relation to the investigation of such offences and arrest of persons concerned in such offences, all the powers, duties, privileges and liabilities which police officers of that Union territory have in connection with the investigation of offences committed therein.

(3) Any member of the said police establishment of or above the rank of Sub-Inspector may, subject to any orders which the Central Government may make in this behalf, exercise in any Union territory any of the powers of the officer in charge of a police station in the area in which he is for the time being and when so exercising such powers shall, subject to any such orders as aforesaid, be deemed to be an officer in charge of a police station discharging functions of such an officer within the limits of his station.

3. Offences to be investigated by special police establishment.—The Central Government may, by notification in the Official Gazette, specify the offences or classes of offences, which are to be investigated by the Delhi Special Police Establis