STATE OF HARYANA vs N. C. TANDON

The Supreme Court held that the sanction for prosecution under Section 6(1) of the Prevention of Corruption Act, 1947 must be granted by a competent authority, which was not the case here as Brig. Naresh Prasad lacked the authority at the time of sanction. The Court clarified that the authority to sanction prosecution lies with the Chief Engineer, Western Command, not the Zonal Chief Engineer. Consequently, the conviction under Section 5(2) and Section 161 IPC was set aside due to lack of valid sanction.