D.S.TEWATIA, J.

1. The appellant a Medical Officer was convicted and sentenced to one years rigorous imprisonment and a fine of Rs. 200.00 and in default of payment of fine to further sentence of two months rigorous imprisonment under S.5(1)(d) read with S.5(2) of the Prevention of Cor-ruption Act and to one years rigorous im-prisonment under S.161, I.P.C. However, the substantive sentences of imprisonment were ordered to run concurrently. He has challenged his conviction and sentence in this appeal.

2. When this appeal came up for hearing before me in the first instance, the legality of the very prosecution was assailed on be-half of the appellant inter alia on the ground that the trial Court could not have taken cognizance of the offences in question unless sanction in terms of S.197, Criminal P.C. by the competent authority was forthcoming. I referred the proposition in question for decision to a larger Bench. The Division Bench in its judgment dated 14-4-1982 : (re-ported in 1982 Cri LJ 1718) after settling the legal proposition against the appellant remit-ted the appeal to be decided on merits. On resumption of the hearing the learned coun-sel for the appellant raised