AIR 1953 MADRAS 785

Madras High Court

Hon'ble Judge(s): Ramaswami , J

(A) Evidence Act (1 of 1872) , S.35, S.65(c), S.74— Official register containing copies of communication. File of papers containing official communications maintained according to practice - Such Official register is official document within S.35 and public document within S.74 - Copy of sanction for prosecution lost - Case comes under S.65(c) - Original from file can be produced as secondary evidence.(Para 4) Anno : Evid. Act, S.35 N.20; S.65 N.5, 14; S.74 N.1. (B) Prevention of Corruption Act (2 of 1947) , S.6— Sanction - Requirements. All that the order of sanction must show is that all relevant materials were placed before the authority sanctioning the prosecution and that the authority considered those materials and the order sanctioning prosecution resulted therefrom. The sanction need not set out the reasons for the sanction. The object of this sanction is nothing more than to ensure the discouragement of frivolous, doubtful and impolitic prosecutions. (Sanction held proper)(Para 5) (C) Criminal P.C. (5 of 1898) , S.238— Accused charged u/S.5(2), Prevention of Corruption Act for habitually taking bribes, read with S.161, IPC - Three complete min....