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    <title>1970 (11) TMI 113 - HIGH COURT OF GAUHATI AND NAGALAND</title>
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    <description>Where prosecution sanction is a statutory condition precedent, it must show that the sanctioning authority considered the facts constituting the alleged offence and applied its mind. A sanction order that discloses no such facts on its face, and is unsupported by evidence that the relevant material was placed before the authority, is invalid because mere recommendation is not enough. In that situation, the criminal court lacks jurisdiction to try the accused, and the defect is not cured by Section 537 of the Code of Criminal Procedure, 1898. The conviction and sentence were therefore quashed.</description>
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    <pubDate>Fri, 27 Nov 1970 00:00:00 +0530</pubDate>
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      <title>1970 (11) TMI 113 - HIGH COURT OF GAUHATI AND NAGALAND</title>
      <link>https://www.taxtmi.com/caselaws?id=291340</link>
      <description>Where prosecution sanction is a statutory condition precedent, it must show that the sanctioning authority considered the facts constituting the alleged offence and applied its mind. A sanction order that discloses no such facts on its face, and is unsupported by evidence that the relevant material was placed before the authority, is invalid because mere recommendation is not enough. In that situation, the criminal court lacks jurisdiction to try the accused, and the defect is not cured by Section 537 of the Code of Criminal Procedure, 1898. The conviction and sentence were therefore quashed.</description>
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      <pubDate>Fri, 27 Nov 1970 00:00:00 +0530</pubDate>
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