Existing sanction under the Customs Act need not be renewed; formal proof may be cured through additional evidence.

Where a complaint under the Customs Act was filed on the basis of an existing pre-prosecution sanction, the absence of formal proof of that sanction did not justify insisting on a fresh sanction. The Delhi HC held that the real issue was whether the original sanction existed and could be proved, and not whether a new sanction had to be obtained. Because the sanction document was already on record and the defect was only evidentiary, the Court permitted the complainant to lead additional evidence under Section 311 CrPC so the case could proceed on a proper evidentiary basis.

---

---

Issues: Whether fresh sanction was required for continuation of the complaint under the Customs Act, and whether the complainant should be permitted to lead additional evidence to formally prove the existing sanction.

Analysis: The complaint had been instituted on the basis of a sanction already granted under Section 137(1) of the Customs Act, 1962. The record showed that the sanction document had been placed with the complaint, but formal proof had not been led through a witness. The revisional direction requiring a fresh sanction was found unnecessary because the relevant inquiry was whether the original pre-prosecution sanction existed and could be proved, not whether a new sanction had to be obtained. Given the lapse in formal proof and the long pendency of the prosecution, the Court held that the defect could be cured by permitting the complainant to produce additional evidence, with recourse to Section 311 of the Code of Criminal Procedure, 1973, so that the case could be decided on charge on a proper evidentiary basis.

Conclusion: Fresh sanction was not required, and the complainant was permitted to lead additional evidence to prove the existing sanction.

Final Conclusion: The petition was allowed, the revisional direction for fresh sanction was set aside, and the trial court was directed to proceed after permitting proof of the sanction through additional evidence.

Ratio Decidendi: Where a valid prior sanction exists but has not been formally proved, the defect may be cured by permitting additional evidence for proof of sanction, and a fresh sanction is not required unless the original sanction itself is absent or invalid.

---