In Brief
The Central Bureau of Investigation appealed the High Court's order discharging two accused persons from Prevention of Corruption Act charges involving allegations of disproportionate assets. The High Court had required the investigating officer to formally record the accused's explanation and to obtain the sanctioning authority's consideration of such explanation before granting sanction for prosecution, holding the sanction defective without it. The Supreme Court reversed, holding that investigative procedure does not require such formal recording or consideration at the charge sheet stage. Questions of sanction validity based on alleged investigative defects are trial matters, not discharge issues. The Court remitted the case for trial, leaving all contentions open for substantive adjudication."
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