1. This is an appeal against the judgment and order dated 8-9-80 passed by the learned Special Judge, Anti - Corruption, Jammu whereby the appellant herein has been convicted for the commission of offence falling under S.5(2) read with S.5(1)(d) of the Prevention of Corruption Act , 2006 and sentenced to undergo rigorous imprisonment for a period of two years and payment of fine of Rs. 5000/-. In default of payment of fine he has to undergo further imprisonment for a period of two months. The judgment and order has been challenged on the following grounds : -
(i) The sanction for the prosecution of appellant is bad in the eye of law as it has been accorded in a mechanical manner.
(ii) That there was no occasion to demand the amount of alleged recovered money from the complainant and the evidence of such demand is wanting in this case. There is also no evidence about the acceptance of the alleged recovered amount.
(iii) Regarding the alleged recovery of tainted money the evidence is of contradictory nature which cannot be believed.

2. The factual matrix of the case is that the appellant in July 1976 was posted as Patwari in Patwar Halqa Magowali Teh. RS Pora. The complainant Shri Dhan