1979 (4) TMI 37 - SC - Customs

Supreme Court Sets Aside High Court Order, Clarifies Consent for Criminal Proceedings

The Supreme Court allowed the appeal, setting aside the High Court's order and directing the trial court to proceed with the case. The judgment clarified ... Whether the High Court has erred in interpreting Section 196A of the Code so as to incorporate therein the provision regarding authorisation enacted by Section 187A of the Act? Held that:- Section 196A of the Code does not envisage any application whatsoever and, therefore, no Application at all is necessary for action under that section. Even if it be held that such an application was inherent in the scheme of the section, it would not follow that the same had to be made by a person holding the type of authorisation envisaged by Section 187A of the Act. Holding that no application was at all needed for the accord of consent provided for in the section, and that, in any case, such an application need not have been made by a person authorised in the manner spoken of by Section 187A of the Act, we repel the argument raised to the contrary on behalf of the accused-respondents. It follows that in the instant case the requirements of both the sections, namely, Section 196A of the Code and Section 187A of the Act were fulfilled before the complaint was filed so that, as found by the High Court, there is no infirmity in the impugned proceedings. Appeal allowed. Issues:1. Interpretation of Section 196A of the Code of Criminal Procedure and Section 187A of the Sea Customs Act.2. Validity of the consent given by the Chief Presidency Magistrate for prosecution.3. Requirement of authorization for initiation of proceedings under Section 196A of the Code.Detailed Analysis:1. The judgment involved the interpretation of Section 196A of the Code of Criminal Procedure and Section 187A of the Sea Customs Act. The case revolved around an application made by an Assistant Collector of Customs for prosecution of individuals for conspiracy to commit offenses under the Sea Customs Act and the Imports and Exports (Control) Act. The High Court accepted the argument that the consent given by the Chief Presidency Magistrate was invalid as the officer did not have the necessary authorization under Section 187A of the Act.2. The validity of the consent given by the Chief Presidency Magistrate for prosecution was challenged, arguing that the officer lacked the authority required under Section 187A of the Sea Customs Act. The High Court agreed with this contention, stating that the officer did not have the authority to apply for sanction under Section 196A of the Code. The judgment highlighted the importance of proper authorization for initiating criminal proceedings under the relevant laws.3. The issue of whether authorization was a prerequisite for initiating proceedings under Section 196A of the Code was extensively discussed. The appellant argued that the High Court erred in incorporating the authorization requirement of Section 187A of the Act into the interpretation of Section 196A of the Code. The Supreme Court, after thorough consideration, disagreed with the High Court's interpretation and held that Section 196A of the Code did not mandate authorization for consent to initiate proceedings. The Court emphasized that the consent could be given by any person, regardless of their official status, as long as all material facts were considered.In conclusion, the Supreme Court allowed the appeal, setting aside the High Court's order and directing the trial court to proceed with the case. The judgment clarified the interpretation of relevant legal provisions and affirmed that the consent given by the Chief Presidency Magistrate was valid, rejecting the argument that proper authorization was a prerequisite for initiating criminal proceedings under Section 196A of the Code.