these documents and not
informing CBI would only render the investigation defective, but
it does not render evidence collected against petitioner
inadmissible during trial ... defect and has
observed that defect in investigation by itself cannot be a ground
for acquittal and if primacy is given to such designed
Prem Prakash S/O Late Shri Bal Mukand vs Union Of India Through Secretary To
held as under:
"...To deny the opportunity to remove the formal
defect was to abort a case against an alleged
economic offender. Ends ... aroused. An
18
economic offence is committed with cool
calculation and deliberate design with an eye on
personal profit regardless of the consequence
course relief
from the criminal charges levelled against him on grounds of
defects/omissions or errors in the order granting sanction to
prosecute including errors ... Code of Criminal Procedure
or the Prevention of Corruption Act, 1988 are designed as a check on
frivolous, mischievous and unscrupulous attempts to prosecute
Prabakaran vs State Of Tamilnadu on 18 March, 2003
IN THE HIGH COURT OF JUDICATURE
impugned summons, unless the
contrary is proved in the trial; as the defect or illegality in investigation
has no direct bearing on the competence ... aware of the terms of the Letters Rogatory issued by the Designated Court
in Spl.C.C.No.7 of 1997 and the undertakings given
Dr. Reyaz Farooq vs State And Ors on 12 November, 2018
Author: Ali Mohammad Magrey
taken cognizance of the offences.
Since the Special Court (Excise) designated under the
Act having not been conferred such power to try offences under ... case for trial of such offences to the
other Special Courts designated under the respective Special
Act , in terms of section 4 (2) and Section
observed as under :
"The provisions of S. 196-A are designed to provide a safeguard against the initiation of vexatious prosecution for criminal conspiracies ... none of the accused has been prejudiced in his defence, the defect is merely a technical one and does not make the trial illegal
mind that in the Special Police Establishment superior officers of the designated rank are not too many with the result that there will be bona ... referred to earlier show that the mere fact that there was some defect or infirmity in the grant of sanction would not ipso facto vitiate
