JUDGMENT

S. Saghir Ahmad, J.-The appellant, who as Divisional Accountant, held a Class III Post, in the Medium Irrigation Project Division at Ankleshwar, Gujarat, was prosecuted for offences under Section 161 IPC and Section 5(2) of the Prevention of Corruption Act, 1947, and was ultimately convicted and sentenced to two years rigorous imprisonment and a fine of Rs. 15,000/- for the offence under Section 5(2) of the Act and another two years rigorous imprisonment for the offence under Section 161 IPC, by the trial Court, namely, Special Judge, Bharuch. This was upheld by the High Court in appeal.

2. Mr. U.R. Lalit, senior counsel appearing on behalf of the appellant has strenuously contended that the entire proceedings, namely, the proceedings before the trial Court as also the High Court are liable to be set aside as there was no valid sanction within the meaning of Section 6 of the Prevention of Corruption Act, 1947 (hereinafter referred to as "the Act") with the consequence that the trial Court had no jurisdiction to take cognizance of these offences, much less try them. This contention is challenged by the counsel appearing on behalf of the State of Gujarat, who was contended t