Special statute overrides general sanction rule: prosecution for pollution offences may proceed without prior CrPC sanction.

Under the Water (Prevention and Control of Pollution) Act, 1974, the special liability scheme for public servants prevails over the general sanction requirement in the Code of Criminal Procedure. Section 48 creates a deeming fiction regarding the head of department in specified circumstances, subject to rebuttal under its proviso, and Section 60 gives the Act overriding effect. Requiring sanction under Section 197 CrPC would defeat that statutory mechanism. Accordingly, prior sanction was not required before prosecution could proceed under the Water Act.

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Issues: Whether sanction under Section 197 of the Code of Criminal Procedure, 1973 was required before prosecuting public servants for offences under the Water (Prevention and Control of Pollution) Act, 1974.

Analysis: Section 48 of the Water (Prevention and Control of Pollution) Act, 1974 creates a deeming fiction as to the guilt of the head of the department in specified circumstances, subject to a rebuttable opportunity under the proviso. Permitting recourse to Section 197 of the Code of Criminal Procedure, 1973 would defeat that statutory scheme and conflict with the special procedure and liability created by the Water Act. In such a situation, the special law operates on its own terms and Section 60 of the Water Act gives it overriding effect.

Conclusion: Sanction under Section 197 of the Code of Criminal Procedure, 1973 was not required, and the prosecution could proceed under the Water (Prevention and Control of Pollution) Act, 1974.

Ratio Decidendi: Where a special enactment creates its own liability scheme and overriding effect, the general requirement of sanction under the Code of Criminal Procedure does not apply if it would nullify the special statutory mechanism.

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