VIGILANCE MANUAL VOLUME III - AP Online

768 DECISION - 388
sec.7, 11, 13(2) of P.C. Act, 1988) alleged to have been committed
by a public servant except with the previous sanction in the case of a
person who is employed in connection with the affairs of a State and
is not removable from his office, save by or with the sanction of the
State Government. Thus, where an accused, Minister in charge of
Electricity, was alleged to have sold certain units of electric current in
pursuance of conspiracy and though at the time when the offence is
alleged to have been committed he was employed in connection with
the affairs of the State but he had ceased to be a public servant at
the time the court was asked to take cognizance of the offence. The
provisions of sec. 6(1)(b) of the Act would not be attracted and the
question of previous sanction before cognizance is taken by the
special court does not therefore arise.
(388)
(A) P.C. Act, 1988 — Secs. 7, 13(1)(d)
(B) Trap — appreciation of evidence
Appreciation of evidence in a trap case.
(C) P.C. Act, 1988 — Secs. 7, 13(1)(d)
(D) Trap — complainant, not an accomplice
Complainant in a trap is not an accomplice.
(E) P.C. Act, 1988 — Secs. 7, 13(1)(d)
(F) Trap — accompanying witness
Not a rule that an independent witness should
accompany the complainant in a trap.
(G) P.C. Act, 1988 — Sec. 19
(H) Sanction of prosecution — under P.C. Act
Non-examination of sanctioning authority not fatal
when sanction order contains details showing
application of mind by said authority.
Rajasingh vs. State,