State of Gujarat Vs Dilipsinh Kishorsinh Rao (Supreme Court of India)
The Supreme Court, in State of Gujarat Vs Dilipsinh Kishorsinh Rao, considered whether the sanction order dated 05.03.2015 issued under the Prevention of Corruption Act, 1988, and the consequential charge-sheet filed by the Anti-Corruption Bureau on 17.06.2015, were liable to be quashed. The respondent had challenged the proceedings by seeking discharge on the ground that the Investigating Officer had failed to consider his written explanation and supporting documents, and that the sanctioning authority had granted sanction without proper application of mind. He further contended that the materials collected during investigation did not establish possession of assets disproportionate to his known sources of income.
According to the prosecution, during the period from 2005 to 2011, while serving as a Sub-Inspector at Borsad Town Police Station, the respondent had allegedly misused his official position and acquired assets in his own name and in the name of his wife amounting to Rs.1,15,35,319/-. The prosecution alleged that these assets were disproportionate to his known sources of income to the extent of Rs.32,68,258/-, representing more than 40 percent of his lawful income.
The respondent filed an application for discharge under Sections 227 and 228 of the Code of Criminal Procedure, asserting that the Investigating Officer had ignored his written explanation dated 13.08.2014, departmental permissions relating to his foreign travel, details of movable and immovable properties disclosed to the department, and sanctions granted for property purchases. He also argued that errors in the calculation of disproportionate assets had not been rectified despite being pointed out, and that documentary evidence supporting loans obtained from relatives and friends had been disregarded. According to the respondent, these materials demonstrated that the charge-sheet did not disclose commission of the alleged offence.
