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    <title>1952 (2) TMI 2 - MADRAS HIGH COURT</title>
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    <description>Statutory notice under the Sea Customs Act did not apply because the alleged assault and detention were not acts done in pursuance of customs duties; the lawful power was seizure and production before the competent authority, not summary punishment by beating, so the notice objection failed. Prior sanction under the Criminal Procedure Code was also unnecessary because sanction protects only acts done or purportedly done in discharge of official duty, and a common offence does not gain that protection merely because a public servant is involved. The complaint could not be rejected at the cognizance stage, and the prosecution was allowed to proceed before the Magistrate.</description>
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    <pubDate>Wed, 06 Feb 1952 00:00:00 +0530</pubDate>
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      <title>1952 (2) TMI 2 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=45772</link>
      <description>Statutory notice under the Sea Customs Act did not apply because the alleged assault and detention were not acts done in pursuance of customs duties; the lawful power was seizure and production before the competent authority, not summary punishment by beating, so the notice objection failed. Prior sanction under the Criminal Procedure Code was also unnecessary because sanction protects only acts done or purportedly done in discharge of official duty, and a common offence does not gain that protection merely because a public servant is involved. The complaint could not be rejected at the cognizance stage, and the prosecution was allowed to proceed before the Magistrate.</description>
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      <pubDate>Wed, 06 Feb 1952 00:00:00 +0530</pubDate>
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