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Judgment
This appeal is preferred to question correctness of the order
dated 21st December, 2016 passed by learned Single Bench in S.B.
Civil Writ Petition No.3914/2016. Learned Single Bench, by the
order impugned, refused to interfere with the order granting
sanction for prosecution of the petitioner as per provisions of
Sections 7, 13 (1)(d), 13(2) of the Prevention of Corruption Act,
1988 and Section 120B of the Indian Penal Code.
The argument advanced by learned counsel for the appellant
is that learned Single Bench failed to appreciate that the authority
competent, while granting sanction as per Section 19 of the Act of
1988, does not apply its mind and acted ipse dixit by relying upon
the statement said to be given by a co-accused Laxman Lilani.
From perusal of the order granting sanction, it is apparent
that the Anti Corruption Bureau, while investigating the matter,
relied upon certain electronic datas i.e. conversation of the
present petitioner with co-accused Laxman Lilani, as such, it is
wrong to say that the only evidence available was the statement
made by the co-accused.
From the perusal of the order granting sanction, we do not
find any error with the same, and therefore, we do not find any
just reason to interfere with the order passed by learned Single
Bench.
The appeal is dismissed accordingly.
