Sanction for money-laundering prosecution not required where alleged acts lack nexus with official duty and prima facie material exists.

Section 197 CrPC sanction was held unnecessary where the alleged retention and concealment of tainted money had no nexus with official duty, and the Prevention of Money-Laundering Act, 2002 contains no separate sanction requirement. At the cognizance stage, the complaint and recorded statements provided prima facie material of possession and concealment of proceeds of crime, so the trial court's summons and cognizance order disclosed no illegality or perversity. Defences based on compulsion, threat, or non-arraying of other persons involved disputed facts to be tested at trial. The revisional challenge therefore failed and the prosecution was allowed to continue.

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Issues: Whether prior sanction was required for prosecuting public servants in a money-laundering case, and whether the trial court rightly took cognizance and issued summons for offences under the Prevention of Money-Laundering Act, 2002.

Analysis: The revisionists were public servants, but the alleged retention and concealment of tainted money had no nexus with their official duties. Section 197 of the Code of Criminal Procedure, 1973 applies only to offences connected with official duty, and the Prevention of Money-Laundering Act, 2002 contains no provision requiring sanction for prosecution. The defence that the money was kept under compulsion or threat, and the contention that some persons were not arrayed as accused, raised disputed questions of fact to be examined at trial. At the stage of cognizance, the complaint and statements recorded under the Act disclosed material indicating possession and concealment of proceeds of crime, and the matter could not be dislodged on the present record.

Conclusion: No prior sanction was required, and the order taking cognizance and issuing summons disclosed no illegality or perversity.

Final Conclusion: The revisional challenge failed, and the proceedings under the money-laundering law were permitted to continue before the trial court.

Ratio Decidendi: Sanction under Section 197 of the Code of Criminal Procedure, 1973 is unnecessary where the alleged acts have no nexus with official duty, and a money-laundering complaint may proceed on prima facie material without a separate sanction requirement under the Prevention of Money-Laundering Act, 2002.

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