MOHD. IQBAL, AHMAD vs STATE OF ANDHRA PRADESH

The Supreme Court held that the prosecution against the appellant was invalid due to lack of proper sanction under Section 6 of the Act, rendering the proceedings void ab initio. The Court emphasized that it is the prosecution's duty to prove that a valid sanction was granted, either by producing the original sanction or by providing evidence of the facts considered by the sanctioning authority. The Court ruled that the absence of such evidence meant the Special Judge had no jurisdiction to take cognizance of the case, leading to the appeal being allowed.