1981 (2) TMI 237

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....learned single Judge of the High Court of Punjab and Haryana quashing a complaint dated the 16th July, 1975 made by Bhappa Singh appellant with a prayer that respondents Nos. 1 to 9, who are admittedly officials of the Excise and Customs Department, be convicted of offences under Sections 307, 452, 504, 342 and 148 read with Section 149 of the Penal Code. 2. Briefly the charge made in the compl....

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....t, Administrator, any Gold Control Officer or any person authorised by the Central Government or the Administrator for performing any functions under this Act, for anything which is in good faith done or intended to be done under this Act or any rule or order made thereunder. and in doing so remarked: When a raiding party consisting of officers of the Central Excise and Customs Department en....

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....ference under Art, 136 of the Constitution of India. 5. Certain facts which are not in dispute may here be stated. The appellant was issued a licence to work as a certified goldsmith in the year 1963 and so was his son Gurdev Singh. The appellant's brother Om Prakash carried on his-business as a gold-dealer in the jewellary shop above mentioned under another licence,. At the time when viole....

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....g carried on therein. The presence of the licenced gold-smith in the Chaubara speaks volumes in that behalf. It may further be taken for granted that the Customs party was man-handled before they themselves resorted to violence, because there was no reason for them to open fire unless they were resisted in the carrying out of the raid peacefully. Even though what we have just stated is a genera....