2020 (3) TMI 1218

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....,3,4   NOTICE SERVED BY DS(5) for the Respondent(s) No. 2   MR RONAK RAVAL APP (2) for the Respondent(s) No. 1   ORAL ORDER   The applicants are the officials of the Customs Department. 2. The applicants have preferred the present application under Section 482 of the Code of Criminal Procedure, 1973 for quashment of the First Information Report being C. R. No. II....

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....riminal Misc. Application No. 14654 of 2012 filed by the officials of the Customs Department, this Court clearly noted that since the bonded warehouse was situated within the territorial jurisdiction of the Customs Department and the Central Government, without obtaining prior permission of the Customs Department or the Central Government, the police has no authority to seal or to carry out any se....

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....as adequately and sufficiently looking after the affairs. Learned advocate has submitted that in view of clear provisions of Section 155 of the Customs Act, 1962, no officer of the Customs Department could be prosecuted or booked for such offence as they were performing their official duty. Section 155 of the Act reads as under : "155. Protection of action taken under the Act.   ....

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....roceedings against the present applicants who are high ranked officials of the Customs Department. In view of clear provisions of Section 155 of the Act also, no proceedings could be allowed against the applicants. On that count also, the complaint deserves to be quashed. 8. In view of above, there appears no iota of evidence or material to prosecute the present applicant in connection with the....