The judgment establishes the principle that a mere irregularity in prosecution sanction cannot be considered fatal unless it results in a miscarriage of justice.

Prafulla C. Pant, J.

1) This appeal, preferred under Section 374 of Code of Criminal Procedure 1973, (for short Cr.P.C.) is directed against the judgment and order dated 23.02.2000, passed by Special Judge Anti-Corruption, Dehradun in C.B.I.; Case No. 1 of 1975, whereby said court has convicted the accused/appellant Babu Ram Sant under Section 5(2) read with Section 5(1)(e) of Prevention of the Corruption Act, 1947, and sentenced him to imprisonment for a period of one year and directed to pay fine of Rs. 500/-. The trial court has further directed that out of Rs. 2,20,300/- (recovered and seized amount, at the time of raid by C.B.I.) a sum of Rs. 2,08,624.52 be confiscated in favour of the State. Accused/appellant Babu Ram Sant has died during pendency of this appeal, and his widow Smt. Sarswati Devi is pursuing the appeal under proviso to Section 394 Cr.P.C..

2) Heard learned counsel for the parties, and perused the lower court record.

3) Prosecution story in brief is that accused/appellant Babu Ram Sant was an Income Tax Recovery Officer posted at Agra, who was arrested on 11.05.1971 by Central Bureau of Investigation (for short C.B.I.) in connection with a trap case of accepting Rs. 2.00 lakhs. In follow-up action, searches were conducted by C.B.I. at his office and residential premises at Agra on 13.05.1971 and another amount of Rs. 2,20,3000/- was recovered from his Almirah. Thereafter, another case R.C. No. 25 of 1971 (from which present case has arisen) was registered by C.B.I. (as this amount was separate from earlier amount). After investigation it was found that the assets acquired by the accused (B.R. Sant) were proportionate to known sources of his income. The check period was between 10.08.1963 to 13.05.1971. The assets were found worth Rs. 2,49,998.29/- out of which Rs. 2,19,574.52/- remained without satisfactory explanation. Initial investigation was conducted by Inspector A.G. Dande and completed by PW11 Vidhya Bhushan. After investigation chargesheet (Ex. A262) was filed against the accused Babu Ram Sant for his trial in respect of offence punishable under Section 5(2) read with Section 5(1)(e) of the Prevention of Corruption Act, 1947.

4) After giving necessary copies, the then Special Judge, Anti Corruption, Lucknow before whom charge sheet was filed, after hearing the parties, framed charge of offence punishable under Section 5(2) read with Section 5(1)(e) of Prevention of Corruption Act 1947 to which accused B.R. Sant pleaded not guilty and claimed to be tried. The case was transferred from Special Judge, Anti Corruption Lucknow to Special Judge, Anti Corruption Dehradun. Prosecution got examined PW1 A.H. Rizvi, Income Tax Officer, PW2 Chander Bhushan Shah (a liquor shop owner), PW3 Ramji Dass Gupta (a petrol pump dealer), PW4 Ram Chandra (a class IV employee in Income Tax Department), PW5 A.K. Banerjee (Audit Officer), PW6 R.B. Paliwal (Income Tax Officer), PW7 Ram Dutt Lohani (Tax Assistant), PW8 K.R. Bhalla (Audit Officer of Accountant General, Audit II, Allahabad), PW9 Shri Krishan Dubey (a resident of village Sarai Agat), PW10 Shyam Behari Saxena (Tax Recovery Officer), PW11 Viddya Bhushan (who completed investigation), PW12 Jagat Lal (Desk Officer of Departmental of Personnel and Training Government of India in New Delhi), and PW13 Gyan Prakash Kalra, the then under Secretary of Government of India.

5) The oral and documentary evidence was put to the accused under Section 313 of Cr.P.C., in reply to which he pleaded that he was the only son of his parents. He further pleaded that the evidence adduced against him relating to disproportionate income is wrong. However, he admitted that he joined service in the year 1957. He also admitted in his statement under 313 Cr.P.C. that a case R.C. No. 23 of 1971 was also registered against him (in respect of a trap relating to acceptance of Rs. 2,29,000/-) on 11.05.1971. He further admitted that in said case he was convicted and sentenced to imprisonment for