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1988 (7) TMI 418
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....nts: under Section 5(2) of the Prevention of Corruption Act, under Section 136(1) of the Customs Act and under Section 477A of the IPC. 2. It has been urged on behalf of the petitioner that under Section 6 of the Prevention of Corruption Act, no Court can take cognizance of an offence punishable under Section 5(2) of the Act alleged to have been committed by a public servant except with the pre....
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....Court in the case of Ram Kumar v. State of Haryana 1987CriLJ703. Their Lordships have held in unmistakable terms that sanction for prosecution is quite different from sanction for taking cognizance and the one cannot be a substitute for the other. In view of this legal position it must be held that the sanction accorded by the Collector of Customs for the prosecution of the petitioner cannot be re....