The Apex Court on 30.10.2018, in STATE OF MIZORAM v DR. C. SANGNGHINA allowed the appeal which had been made against the order of the High Court of Assam which affirmed the Special Court ‘s order that declined in taking on filing the charge sheet under the Prevention of Corruption Act, 1988 upon the ground being that it was barred under the “double jeopardy’s principle.

FACTS:

A complaint had been made against the respondent whereby he was alleged to have misappropriated/mismanaged the money of public. An inquiry had been conducted submitting a report along with a request for registering the case against the respondent. It had come to the knowledge that the respondent possessed assets which were valuable while being disproportionate to known sources of his income and as such after the prior approval of the Government Vigilance Department; a case was thereon filed against the respondent.
It was found out by the Special Court, PC Act that the sanction of prosecution against the respondent had been issued by the Commissioner Secretary, Department of Personnel & Administrative Reforms and without the Governor’s sanction. The accused was discharged by an order of the Special Court, PC Act and hence the case was closed.
Later on, after giving due consideration to the matter, the sanction for prosecution was given by the Governor for the offences along with fresh charge sheet and a request for reopening the case, which was eventually dismissed by the Special Court while concluding that there was absence of a provision for reviewing its own order under the Code and that the second charge sheet had been barred by principles of “double jeopardy”. Being aggrieved, a Criminal Revision Petition was filed by the State in the High Court that was subsequently dismissed by the High Court.

DECISION HELD BY THE SUPREME COURT OF INDIA:
When the matter was brought before the Apex Court , it allowed the appeal while setting aside the judgment and order and rightly holding that it was not right from the part of the Special Court and the High Court to hold the filing of the fresh charge sheet which had proper sanctioning order for prosecution while that had been barred under the principles of “double jeopardy”.

https://www.sci.gov.in/supremecourt/2015/38933/38933_2015_Judgement_30-Oct-2018.pdf