Further the issue relating to validity of the
sanction for prosecution could have been considered only
during trial since essentially the conclusion reached by
the High Court is with regard to the defective sanction
since according to the High Court, the procedure of
providing opportunity for explanation was not followed
which will result in the sanction being defective. In that
regard, the decision in the case of Dinesh Kumar vs.
Chairman, Airport Authority of India, (2012) 1 SCC
532 relied upon by the learned Additional Solicitor
General would be relevant since it is held therein that
there is a distinction between the absence of sanction
and the alleged invalidity on account of nonapplication
of mind. The absence of sanction no doubt can be
agitated at the threshold but the invalidity of the sanction
is to be raised during the trial. In the instant facts,
admittedly there is a sanction though the accused seek to
pick holes in the manner the sanction has been granted
and to claim that the same is defective which is a matter
to be considered in the trial.
NONREPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOS. 14891490
OF 2019
Central Bureau of Investigation (CBI) Vs Mrs. Pramila Virendra Kumar
Dated:September 25, 2019
A.S. Bopanna,J.
