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PUNJAB AND HARYANA HIGH COURT
K.K. Srivastava, J.
Suresh Kumar Khanna - Petitioner
Versus
State of Haryana - Respondent
Criminal Misc. Petition No. 10933-M of 1997.
Decided On : 7 August, 1998
CRIMINAL PROCEDURE CODE - SECTION 482 - QUASHING OF FIR - INVESTIGATION - SANCTION FOR PROSECUTION - CHARGE SHEET - INHERENT JURISDICTION - PREVENTION OF CORRUPTION ACT, 1988 - SECTION 17 - INVESTIGATION BY INSPECTOR - ORDER OF MAGISTRATE - VALIDITY - SECTION 5A - INVESTIGATION BY INSPECTOR - PERMISSION OF MAGISTRATE - REASONS - SECTION 120-B, INDIAN PENAL CODE - APPLICABILITY - CHARGE SHEET - QUASHING - JURISDICTION OF HIGH COURT - SECTION 240, CRIMINAL PROCEDURE CODE - FRAMING OF CHARGES - REVISIONAL JURISDICTION OF HIGH COURT - SECTION 482, CRIMINAL PROCEDURE CODE - INHERENT JURISDICTION - EXCEPTIONAL CASES.
Fact of the Case:
Petitioner, an Excise Inspector, was charged with conspiracy and corruption in connection with the transportation of molasses from a sugar mill to a distillery. The FIR was registered based on information received that the petitioner was involved in a scheme to carry excess weight of molasses and unload it at his godown before delivering the correct weight to the distillery. The petitioner challenged the FIR and subsequent proceedings, arguing that the investigation was not conducted by a Deputy Superintendent of Police as required by Section 17 of the Prevention of Corruption Act, 1988, that the sanction for prosecution was not properly granted, and that the charge sheet was not supported by the evidence.
Finding of the Court:
The Court held that the investigation was properly conducted by an Inspector with the permission of the Magistrate, as authorized under Section 17 of the Prevention of Corruption Act. The Court also held that the sanction for prosecution was valid and that the charge sheet was supported by the evidence. The Court further held that it did not have jurisdiction to quash the charge sheet after it had been framed under Section 240 of the Code of Criminal Procedure, except in rare cases where forensic exigencies and formidable compulsions justified such a course.
Issues: 1. Whether the investigation was properly conducted by an Inspector with the permission of the Magistrate, as authorized under Section 17 of the Prevention of Corruption Act? 2. Whether the sanction for prosecution was valid? 3. Whether the charge sheet was supported by the evidence? 4. Whether the Court had jurisdiction to quash the charge sheet after it had been framed under Section 240 of the Code of Criminal Procedure?
Ratio Decidendi: 1. Section 17 of the Prevention of Corruption Act authorizes the State Government to empower an Inspector of Police to investigate offenses under the Act without the order of a Magistrate. In this case, the Magistrate had granted permission for the investigation to be conducted by an Inspector, and therefore the investigation was properly conducted. 2. The sanction for prosecution was valid because it was granted by the competent authority, the Excise and Taxation Commissioner, who had considered the material placed before him. 3. The charge sheet was supported by the evidence collected during the investigation, which included witness statements, documents, and other evidence. 4. The Court did not have jurisdiction to quash the charge sheet after it had been framed under Section 240 of the Code of Criminal Procedure, except in rare cases where forensic exigencies and formidable compulsions justified such a course.
Final Decision: The petition was dismissed.
K.K. Srivastava, J. - This is a petition filed under Section 482 of the Code of Criminal Procedure seeking the quashing of FIR No. 332 dated 23.12.1993, under Sections 409, 420, 468, 471, 120-B of the Indian Penal Code, of Section 7/13 of the Prevention of Corruption Act, 1988 (for short P.C. Act) registered at Police Station Sadar Kaithal and proceedings arising therefrom pending in the Court of Shri P.C. Gupta, Presiding Officer, Special Court, Kaithal. The impugned FIR was registered on the basis of a secret information received by Sub Inspector Devi Chand through special informer on 23.12.1993 when he along with other police officials was on patrol duty and present at Cavin Road crossing. According to the information received, firm M/s Sham Lal & Company was having many tankers for carriage of molasses from Sugar Mills, Kaithal on hire basis. The fare from Kaithal to Panipat is at Rs. 8.33 per Quintal. One Vinod Kumar of the said firm M/s Sham Lal & Co. was in league with Vijay Kumar, a clerk working at Sugar Mills, Kaithal and Om Parkash, Sales Manager, was carrying excess weight of molasses out of the premises of the Sugar Mills, Kaithal after manipulating the weight recorded in the receipt issued from the computer. A sum of Rs. 50/- per Quintal was paid to Vijay Kumar Clerk and Om Parkash, Sales Manager aforesaid. These officials of the Sugar Mills used to prepare documents showing less weight of molasses and hand over the same to the said Vinod Kumar of M/s Sham Lal & Company, Vinod Kumar used to unload the excess weight of molasses from the tankers at his godown in Rohtak. On the aforesaid date i.e. 23.12.1993, Sub Inspector Devi Chand had received information that said Vinod Kumar had loaded molasses from Sugar Mills Kaithal in the truck No. HR 12/5971 driven by one Azad Singh, truck No. HYX 5765 driven by Som Bir, Tanker No. HYO 401 driven by one Nanak, Tanker No. DL- 1G/5780 driven by one Dharam Vir and Tanker No. HYO 2596 driven by one Ajay for being unloaded at Distillery situated at Panipat. Out of the aforesaid Trucks and Tankers, Tanker No. HYO 2596 driven by Ajay was reported to be carrying correct weight of molasses whereas the remaining four tankers were carrying excess weight as against the lesser weight shown in the papers. The information also disclosed that these tankers and trucks shall proceed in the first instance to Rohtak where Vinod Kumar will unload the excess molasses at his Godown and then the vehicles carrying the correct weight of molasses as per the entries made in the paper will carry it for delivery at Panipat Distillery. The excess weight of molasses stored in the Godown by Vinod Kumar is subsequently sold in the market at a higher rate. These trucks and tankers were to proceed in the night. After registration of the case on the basis of this information, Inspector/SI Devi Chand and other police officials arranged a picket to intercept the trucks and tankers and succeeded in intercepting tankers and trucks aforesaid. The drivers of these vehicles managed to escape due to the darkness. However, Vinod Kumar aforesaid was apprehended while making his escape good. After being captured at the spot, Vinod Kumar produced the documents of all the tankers loaded with molasses. The case was duly investigated and on the completion of investigation a challan was filed against the accused. The aforesaid vehicles were got weighed. On 26.12.1993 Inspector Kuldip Singh took Vinod Kumar to Rohtak where Vinod Kumar produced some documents including the rates for lifting of molasses and power of attorney for lifting of molasses. However, molasses were not found as it was revealed that Sham Lal and Company on getting the information regarding the raid of the vehicles had removed the molasses. The drivers of the said vehicles were later on apprehended and arrested. Om Parkash Sales Manager and Vijay Kumar, Sales Clerk were also interrogated who produced the relevant record which were taken into police
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