" In our view, the absence of sanction prior to the institution of the Prosecution cannot be regarded as a mere technical defect. The clause in question was obviously enacted for the purpose of protecting the citizen, and in order to give the Provincial Government in every case a proper opportunity of considering whether a Prosecution should in the circumstances of each particular case be instituted at all. Such a clause, even when it may appear that a technical offence has been committed, enables the Provincial Government, if in a particular case it so thinks fit, to forbid any Prosecution. The sanction is not intended to be and should not be an automatic formality and should not so be regarded either by police or officials. There may well be technical offences committed against the provisions of such an Order as that in question, in which the Provincial Government might have excellent reason for considering a Prosecution undesirable or inexpedient. But this decision must be made before a Prosecution is started. A sanction after a Prosecution has been started is a very different thing. The fact that a citizen is brought into Court and charged with an offence may very seriously affect his reputation and a subsequent refusal of sanction to a Prosecution cannot possibly undo the harm which may have been done by the initiation of the first stages of a Prosecution. Moreover in our judgment the official by whom or on whose advice a sanction is given or refused may well
