Supreme Court of India · 2008-01-18
State Of Maharashtra vs Devahari Devasingh Pawar & Others
- Citation / case number
- AIR 2008 SUPREME COURT 1375
- Court
- Supreme Court of India
- Petitioner
- State Of Maharashtra
- Respondent
- Devahari Devasingh Pawar & Others
- Bench
- G.P. Mathur, Aftab Alam
Judgment text excerpt
The Supreme Court held that the High Court erred in quashing the criminal proceedings against the accused under Section 197 of the Criminal Procedure Code, which requires sanction for prosecution of public servants. The Court emphasized that the allegations of tampering with blood bank records and supplying HIV contaminated blood constituted serious offences under the Indian Penal Code and the Drugs and Cosmetics Act, 1940. The Court reinstated the proceedings, allowing the prosecution to continue against the accused for the alleged offences.