Case Note & Summary
The Central Bureau of Investigation (CBI) filed a criminal revision petition challenging the Trial Court's order dated 07.11.2022, which rejected the CBI's application under Section 308 of the Code of Criminal Procedure, 1973, to prosecute two approvers (accused No. 3 and 4) for allegedly violating the terms of their pardon. The case originated from an FIR registered in 2016 against customs officials and clearing house agents for offences under the Prevention of Corruption Act, 1988, and Section 120B of the Indian Penal Code. During investigation, the respondents (accused No. 3 and 4) gave confession statements under Section 164 CrPC and were granted pardon under Section 306 CrPC by the Special Judge, subject to conditions of full and true disclosure. They were examined as prosecution witnesses (PW-1 and PW-2) during trial. The CBI alleged that in cross-examination, the approvers supported the defense case, thereby violating the pardon terms, and filed an application under Section 308 CrPC, accompanied by a Public Prosecutor's certificate, seeking to revoke the pardon and prosecute them. The Trial Court dismissed the application, finding no violation. The CBI contended in revision that the Public Prosecutor's certificate under Section 308(1) CrPC automatically revokes pardon, and that the approvers' inconsistent statements constituted violation. The respondents argued that revocation is not automatic, requires court hearing, and mere inconsistency does not prove willful concealment or false evidence. The High Court analyzed Sections 306 and 308 CrPC, emphasizing that pardon is a judicial order and revocation cannot be unilateral based solely on the Public Prosecutor's certificate; the court must prima facie satisfy itself of violation after hearing the approver. The court upheld the Trial Court's finding that the approvers had not violated the terms, as their evidence, when evaluated holistically, did not show willful concealment. The revision petition was dismissed, affirming the Trial Court's order.
Headnote
A) Criminal Procedure - Pardon and Approver - Revocation of Pardon - Code of Criminal Procedure, 1973, Sections 306, 308 - CBI sought to prosecute approvers for alleged violation of pardon terms by filing application under Section 308 - Trial Court dismissed application, finding no violation - High Court held that pardon is a judicial order and revocation is not automatic upon Public Prosecutor's certificate; court must prima facie satisfy itself of violation after hearing approver - Held that Trial Court correctly evaluated evidence and found no willful concealment or false evidence (Paras 17-19). B) Criminal Procedure - Pardon and Approver - Conditions of Pardon - Code of Criminal Procedure, 1973, Sections 306, 308 - Approvers granted pardon on condition of full and true disclosure - Prosecution alleged approvers violated terms by supporting defense in cross-examination - High Court held that mere inconsistency between Section 164 statements and cross-examination does not per se violate pardon terms; approver's evidence must be evaluated holistically - Held that Trial Court rightly concluded no violation as approvers narrated truth as known to them (Paras 10-14). C) Criminal Procedure - Pardon and Approver - Examination of Approver - Code of Criminal Procedure, 1973, Sections 306(4) - Issue raised whether examination under Section 306(4) is mandatory when pardon tendered by Special Court - High Court did not explicitly decide but impliedly addressed in context of overall scheme - Not mentioned as separate holding but considered in analysis of pardon process (Paras 3, 18).
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Issue of Consideration: Whether the certificate issued by the Public Prosecutor under Section 308(1) CrPC results in automatic cancellation/forfeiture of pardon; whether examination of accused turned approver under Section 306(4) CrPC is mandatory; whether respondents violated terms and conditions of pardon
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Final Decision
High Court dismissed the criminal revision petition, upholding Trial Court order dated 07.11.2022 that rejected CBI's application under Section 308 CrPC
