STATE OF PUNJAB vs CHARAN SINGH

The Supreme Court held that the acquittal of the respondent under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act by the High Court was erroneous due to noncompliance with Rule 16.38 of the Punjab Police Rules, 1934. The Court clarified that Rule 16.38 does not serve as a condition precedent for criminal prosecution and is merely departmental guidance. The Court reinstated the conviction and sentence imposed by the Special Judge, emphasizing that departmental rules cannot override statutory provisions under the Criminal Procedure Code and the Prevention of Corruption Act.