Lalu Prasad @ Lalu Prasad Yadav vs State Of Bihar Through Cbi (Ahd) Patna

The Supreme Court examined the validity of sanction to prosecute under Section 13(1)(e) and Section 13(2) of the Prevention of Corruption Act, 1988, alongside Section 197 of the Code of Criminal Procedure, 1973. The Court held that previous sanction is necessary even if the public servant no longer holds the office at the time of cognizance, and that the sanction granted by the Governor lacked legal sanctity as it was not properly executed. The Court concluded that the prosecution against the appellants was invalid due to lack of proper sanction and insufficient evidence linking the alleged disproportionate assets to the period of office held by the accused.