Sanction – Public Servant – Prevention of Corruption Act, 1988 – Sanctioning authority granted sanction at the dictum and opinion of the Law Department – Illegal

The applicant-accused,  working as Range Forest Officer at Malegaon Kudhset Shirgaon forest area, had stopped construction of road of M/s. R.V. Construction Company on 27.12.2014.

The complainant of the Company contacted the applicant who demanded Rs.1 lakh, it was settled at Rs.75,000/-, the applicant accepted Rs.15,000/- on 27.12.2023 and remaining to be paid in two days.

Complaint was lodged with the Anti-corruption Bureau.

Trap was arranged on 31.12.2014.  However, there was no acceptance of gratification and the trap was withdrawn.

After due investigation, the crime was registered for offences under Sections 7, 12, 15, 13(1)(d) read with section 13(2) of the Prevention of Corruption Act, 1988.  Charge-sheet was filed on 14.3.2016.

Thereafter, sanction from the Revenue and Forest Department was sought for prosecution of the applicant.

The Forest Department recorded clear opinion that this is not fit case for sanction since the trap was not successful, offence was registered after 40 days only for demand of bribe based on voice samples of conversation between the complainant and the officers.

However, the remarks of Law Department were sought.  After exchange of correspondence, the Law Department gave its opinion for sanction.

On the basis of such opinion of Law Department, the Forest Department had given sanction to prosecution.

The order of sanction issued in this fashion cannot stand scrutiny of law as it lacks application of mind and thus loses its validity.

Accused-applicant was discharged in Special Case No.2/2017

Judgment dated 20.10.2023 (uploaded on 30.11.2023) in Criminal Revision Application No. 5 of 2020 of Sunil Achyutrao Thete Vs. The State of Maharashtra