In Brief
The appellant, a Director of Mines and Geology, was arrested for allegedly facilitating illegal transfer of a mining lease held by a partnership firm to new partners without obtaining prior Government sanction under mineral regulations. The Magistrate discharged him, but the High Court set aside that order. The Supreme Court upheld the High Court, holding that at the charge-framing stage, an accused can only explain away suspicion using materials produced by the prosecution, not by introducing his own defence. Since the prosecution witness (Deputy Director Legal) directly contradicted the appellant's claim of seeking legal advice, and since the appellant's vindication required cross-examining that witness—a matter impermissible at the discharge stage—the High Court correctly refused discharge. The appeal was dismissed."
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