Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the criminal complaint and subsequent proceedings against the customs officials, arising out of acts done in the course of their official duties, were liable to be quashed.
Analysis: The allegations arose from seizure, valuation dispute, and issuance of detention proceedings under the conservation law. The officials had acted pursuant to their statutory functions and in relation to an official detention order, which had been issued though later set aside. The complaint was based mainly on oral assertions of extortion and defamation, without any payment or credible material showing personal acts outside official duty. In these circumstances, the continuation of prosecution against public for actions connected with their official functions would amount to harassment and an abuse of process. Reference was also made to the statutory protection against proceedings for acts done in good faith under the Customs Act.
Conclusion: The criminal complaint and all consequential proceedings against the petitioners were liable to be quashed.
Final Conclusion: The petitions were allowed and the prosecution against the officials was terminated.
Ratio Decidendi: Criminal proceedings against public officials are not maintainable where the acts complained of were performed in discharge of official duty and in good faith, and the complaint is unsupported by material showing conduct outside that duty.