Law:

Section:

(a) Criminal Procedure Code (V of 1898), S. 197-Acts done "in virtue of office" though not within "precise powers" vested in public servant-Sanction required. Held, that even though some of the acts of a public servant may appear not to be within the precise powers vested in him, yet if he did them in virtue of his office, having no private axe to grind, such acts would have the protection of section 197, Criminal P. C. To say that an Inspector of Prices and Supplies under the Essential Commodities Distribution Order, 1953, had acted in excess of the powers specified in section 20 of the Order, in the circumstances of the case, is not sufficient for holding that everything which the Inspector did was outside the scope of his duties, for his duties were multifarious, extending as they presumably did to the enforcement of the provisions of the Order. Gill's case 75 I A 41 ref. Ganapati Goundan's case A I R 1932 Mad. 214 explained. The seizure by the Inspector of the currency notes, (being the price paid in a black-marketing transaction) which appeared naturally enough to have been accompanied by slight use of force in this case, was clearly to be regarded as an act performed in the course of the detection of the offence, and in the attempt to collect all the evidence necessary for bringing the offender to justice. Sanction therefore was necessary in respect of the charge of assault against the public servant concerned. (b) Criminal Procedure Code (V of 1898), S. 197---Evidence recorded in case admissible for purpose of considering whether case falls under S. 197. '' Evidence recorded in a case is admissible for the ancillary purpose of considering whether the case falls under section 197, Criminal Procedure Code. Syed Ahmad's case P L D 1958 S C (Pak.) 27 ref. (c) Trap---Black---marketing offence-Recognised 'mode of detecting offence. The detention of offences under the Essential Supplies (Temporary Power) Act, 1946 and the bringing of the offenders to justice is a proper function of any officer entrusted with the duty of enforcement of the provisions of the Essential Commodities Distribution Order, 1953. One very well-recognised and very widely practised mode in…

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