Form and content of sanction under prevention of corruption Act
There is no dispute that for this prior sanction no type-design form or particular of words has been prescribed. Therefore, in accordance with common sense and the requirements of justice 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 because if the Legislature had intended it, it would have added the appropriate form of words. The object of this sanction is nothing more than to ensure the discouragement of frivolous, doubtful and impolitic prosecution. Therefore, applying these tests we find that the sanction order reproduced above complies with all the requirements of a valid sanction.
Madras High Court
The Public Prosecutor vs G. Sadagopan on 15 January, 1953
Equivalent citations: AIR 1953 Mad 785, (1953) 1 MLJ 475
