Abuse of process in Customs prosecutions justifies quashing when adjudication and related CBI proceedings have already failed.

Criminal proceedings under the Customs Act may be quashed where they arise from the same transaction already rejected in adjudication and closed in related CBI proceedings. The High Court noted that the Tribunal had set aside the penalty for want of evidence even on the lower adjudicatory standard, and the Special Judge had found nothing worthy of a charge-sheet in the CBI matter. In those circumstances, continuing the criminal case was treated as futile and oppressive, and the Court's inherent jurisdiction under Article 227 read with Section 482 CrPC was held fit to prevent abuse of process and secure the ends of justice.

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Issues: Whether criminal proceedings under the Customs Act could be quashed under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, on the ground that the petitioner had already succeeded in adjudication proceedings and the CBI matter had been closed.

Analysis: The complaint, the departmental adjudication, and the CBI proceedings were all founded on the same core allegations and the same transaction. The Tribunal had set aside the penalty, recording that there was no evidence against the petitioner and that the department had not established the charge even on the lower standard applicable in adjudication. The Special Judge had also closed the CBI case on the footing that there was nothing worthy of a charge-sheet. In these circumstances, continuation of the criminal case was held to be futile and oppressive, and the High Court's inherent jurisdiction was considered fit to be exercised to prevent abuse of the process of court and to secure the ends of justice.

Conclusion: The criminal proceedings were liable to be quashed.

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