In Brief
This case concerns whether a Chief Officer of a Gram Panchayat accused of water pollution offences enjoys protection under Section 197 of the Criminal Procedure Code (requiring sanction before prosecution). The appellant was convicted under the Water Pollution Act but acquitted on appeal on Section 197 grounds. The High Court reversed this, and the Supreme Court affirmed, holding that special deeming provisions in the Water Act override Section 197 protection. Even though the Chief Officer is not strictly a 'department head' under Section 48, he falls within Section 47's scope and cannot claim Section 197 immunity. The appeal was dismissed and the case remitted for fresh trial on merits.
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