In Brief
The State challenged a High Court order that prevented it from filing a fresh charge sheet after obtaining valid prosecution sanction under the Prevention of Corruption Act. The accused had been discharged when the initial sanction was found defective (issued by an incompetent authority). The Supreme Court held that the doctrine of double jeopardy does not apply to mere discharge for procedural defects—only to acquittal or conviction after actual trial. Since the accused was never tried, a fresh charge sheet with proper sanction could proceed without violating double jeopardy principles. The appeal was allowed and the Special Court directed to take cognizance of the valid charge sheet.
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