Departmental exoneration as a relevant factor in seeking interim protection against parallel criminal prosecution under customs law.

Exoneration in departmental proceedings concerning the same transaction was treated as a relevant circumstance in considering interim protection against parallel criminal prosecution. The applicant argued that the Customs Act show-cause notice made no specific accusation and that the disciplinary findings and penalty had already been set aside in writ proceedings. The Court noted the different standards of proof in departmental proceedings and criminal trial, and assessed whether those facts made out a prima facie case for interim relief pending further hearing. Notice was directed and interim protection was granted in terms of the prayer clause.

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Issues: Whether the applicant, having been exonerated in departmental proceedings arising from the same transaction, made out a prima facie case for interim protection against the criminal proceedings; and whether the Court should grant interim relief pending further hearing.

Analysis: The applicant relied on the show-cause notice under the Customs Act, 1962 and urged that no specific accusation was made against him in that notice. It was also pointed out that in the connected departmental proceedings the disciplinary authority's finding of misconduct and the penalty had been set aside in writ proceedings. The distinction between the standard of proof in departmental proceedings and criminal trial was noted, and the earlier exoneration was treated as a relevant circumstance while assessing whether the criminal prosecution on the same subject matter should proceed.

Outcome: Notice was directed to be issued and interim relief was granted in terms of the prayer clause.

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