SC dismisses appeal of Inspector of Police, Visakhapatnam

New Delhi, Aug 25 (UNI)The Supreme Court has held that proceedings cannot be quashed on the ground of illegal investigation unless miscarriage of justice is shown.

The ruling was given by the apex court yesterday while dismissing the appeal of State Inspector of Police, Visakhapatnam.

Surya Sankaram Karri was the Chief Commercial Inspector, Eastern Railways when his house was raided in December 1993 and he was booked under the 'Prevention of Corruption Act' for possessing assets beyond his known sources of income.

A bench comprising Justices S B Sinha and Talveer Bhandari while upholding the judgement of Andhra Pradesh High Court setting aside the trial court order sentencing Karri to three years imprisonment with a fine of Rs four lakhs, reprimanded the state for carrying out illegal and shoddy investigation in the case.

The court in its judgement observed ''illegality apart, the manner in which the investigation was conducted, is condemnable. The least that a court of law would accept from the prosecution is that the investigation would be a fair one. It woud not only be carried out from the stand of the prosecution but also the defence.'' The court also told that the person who accorded sanction for prosecution of the respondent was not authorised in law.

The court noted, '' when a sanction is granted by a person not authorised in law, the same being without jurisdiction, would be a nullity. For the reasons aforementioned, we are of the opinion that the impugned judgement need not be interfered with. The appeal is accordingly dismissed.'' UNI AKS/SC SY RP HT1820