Inherent powers cannot quash a complaint that discloses a triable offence merely because conviction seems doubtful.

A complaint alleging an offence under the Customs Act should not be quashed under inherent jurisdiction merely because conviction appears unlikely. Where the allegations, if proved, disclose a triable offence, the High Court cannot assess the probable outcome of the prosecution without evidence on record. The Supreme Court held that inherent powers under the Code of Criminal Procedure are not meant to pre-judge merits at the threshold when the complaint itself makes out an offence. The order quashing the complaint was therefore unsustainable and was set aside, and the Section 482 application was dismissed.

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Issues: Whether a complaint under Section 135 of the Customs Act, 1962 could be quashed in exercise of inherent jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 on the ground that conviction appeared unlikely.

Analysis: The allegations in the complaint, if proved, disclosed the commission of an offence and therefore the complaint could not be stifled at the threshold. The High Court erred in evaluating the probable outcome of the prosecution without evidence on record. Inherent powers are not to be used to assess the chances of conviction when the complaint discloses a triable offence.

Conclusion: The order quashing the complaint was unsustainable and was set aside; the application under Section 482 of the Code of Criminal Procedure, 1973 was dismissed.

Ratio Decidendi: A complaint disclosing allegations which, if established, constitute an offence should not be quashed merely because conviction appears doubtful, and inherent powers cannot be used to pre-judge the merits in the absence of evidence.

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