2008 (2) TMI 912

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....used No.5 - P. Rajagopalan and accused No.6 - V. Sakthivel were Railway Police personnel. Ninety Gold Bars are said to have arrived at Pullaveli Sea-shore near Tuticorin from Ceylon on 21.10.1989. Accused No.3 - A. Thangadurai and one Murugesan of Turicorin took charge of the said ninety gold bars and carried them to Tirunelveli. From that place they took them to Madras by Nellai Express on 22.10.1989. It appears that while travelling in the said train, accused Nos.3, 4, 5 & 6 on the one hand, and the other accused including the appellant herein, on the other, deliberated upon sharing of the said gold bars. However, it was found that accused No.1 and the appellant (A-2) were in possession of 80 gold bars. Accused No.3 kept 50 gold bars w....

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....tion to prosecute the accused was given only after perusing the documents and considering other circumstances. PW-1 too neither stated in his evidence that Collector (Customs) gave sanction only after perusing the documents and considering the circumstance thereof. In the above circumstance, it is impossible to accept that the sanction order are legal and proper as it mentions that the sanction order was given only after perusing the documents and reasonable ground was found to grant the sanction order for prosecution." Respondents preferred appeal thereagainst before the High Court. By reason of a common judgment and order dated 1.4.2002, the High Court reversed the judgment of the Principal Sessions Judge, Madurai and recorded a judgme....

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....nk than Assistant Commissioner of Customs or Deputy Commissioner of Customs, except with the previous sanction of the Commissioner of Customs. (3) Any offence under this Chapter may, either before or after the institution of prosecution, be compounded by the Chief Commissioner of Customs on payment, by the person accused of the offence to the Central Government, of such compounding amount as may be specified by rules." The order of sanction merely states that on 23.10.1989, from Room No.208 of Hotel Barani, Tirunelveli, thirty gold bars of foreign origin weighing 3496.800 gms valued at Rs. 11,22,472.80 were recovered and on further information, fifty gold bars of foreign origin weighing 5828 gms. valued at Rs. 18,70,788/- were r....