This is a Criminal Revision Petition filed against the order made by the learned Sixth Presidency Magistrate, Egmore, Madras, in C.C. No. 8583 of 1950.

The facts are: The petitioner was employed as a Food Inspector in the service of the Corporation of Madras. He was charged by the Special Branch Police for an offence under section 161, Indian Penal Code, in that he received a sum of Rs. 50 from K. Sarangapani Naicker, a milkman as illegal gratification. The case was tried before the Fifth Presidency Magistrate in C.C. No. 1137 of 1949. The petitioner was convicted and sentenced to six months rigorous imprisonment and to pay a fine of Rs. 300 or in default to suffer rigorous imprisonment for three months. The petitioner preferred an appeal to the High Court in Criminal Appeal No. 728 of 1949 and this was disposed of by Panchapagesa Sastry, J.

The relevant portion of the judgment of Panchapagesa Sastry, J. is as follows:

"It is conceded by the State Prosecutor that if the sanction granted is illegal then, the conviction cannot stand. The ground of objection urged against the validity of the sanction is that the facts relating to the alleged offence were not placed before the sanc