s.5A of prevention of corruption act is mandatory
. The granting of permission under Section 5A of the Preven-
tion of Corruption Act authorising an officer of lower rank to conduct the investigation is not to be treated by a Magistrate as a mere matter of routine, but it is an exer- cise of his judicial discretion having regard to the policy underlying and the order giving the permission should, on the face of it, disclose the reasons for granting such permission. The Superintendent of Police or any police officer of higher rank while granting permission to a non- designated police officer in exercise of his power under the second provision to Section 5A(1), should satisfy himself that there are good and sufficient reasons to entrust the investigation with such police officer of a lower rank and record his reasons for doing so; because the very object of the legislature in enacting Section 5A is to see that the investigation of offences punishable under Sections 16 1, 165 or 165A of Indian Penal Code as well as those under Section 5 of the Act should be done ordinarily by the offi- cers designated in clauses (a) to (d) of Section 5A(1). The exception should be for adequate reasons which should be disclosed on the face of the order. Strict compliance with Section 5A(1) becomes absolutely necessary because it ex- pressly prohibits police officers below certain ranks, from investigating into offences under Sections 161, 165 and 165A IPC and under Section 5 of the Act without orders of Magis- trates specified therein or without the authorisation of the State Government in this behalf and from effecting arrests for those
tion of Corruption Act authorising an officer of lower rank to conduct the investigation is not to be treated by a Magistrate as a mere matter of routine, but it is an exer- cise of his judicial discretion having regard to the policy underlying and the order giving the permission should, on the face of it, disclose the reasons for granting such permission. The Superintendent of Police or any police officer of higher rank while granting permission to a non- designated police officer in exercise of his power under the second provision to Section 5A(1), should satisfy himself that there are good and sufficient reasons to entrust the investigation with such police officer of a lower rank and record his reasons for doing so; because the very object of the legislature in enacting Section 5A is to see that the investigation of offences punishable under Sections 16 1, 165 or 165A of Indian Penal Code as well as those under Section 5 of the Act should be done ordinarily by the offi- cers designated in clauses (a) to (d) of Section 5A(1). The exception should be for adequate reasons which should be disclosed on the face of the order. Strict compliance with Section 5A(1) becomes absolutely necessary because it ex- pressly prohibits police officers below certain ranks, from investigating into offences under Sections 161, 165 and 165A IPC and under Section 5 of the Act without orders of Magis- trates specified therein or without the authorisation of the State Government in this behalf and from effecting arrests for those
