2020 (3) TMI 1218 - HC - Customs

Seeking quashing FIR - foreign made liquor and beer - Offence punishable under Sections 175, 176 and 186 of the Indian Penal Code, 1860 - it is alleged that the present applicants though were demanded to furnish the document, record, pass permit regarding foreign made liquor and beer, they did not give the same and also obstructed the investigation - HELD 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 search seizure procedure. If any offence is found to be committed, at the most, the police can request for the same to the Department or to the Central Government. The police has no authority to carry out any search operation which is beyond their jurisdiction. The police was not authorized to file such complaint or proceedings 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. There appears no iota of evidence or material to prosecute the present applicant in connection with the impugned F. I. R. Hence, this application is allowed.

Summary

Issues:
Quashing of FIR under Sections 175, 176, and 186 of the Indian Penal Code, 1860 against officials of the Customs Department.

Analysis:
The applicants, officials of the Customs Department, filed an application under Section 482 of the Code of Criminal Procedure seeking to quash the FIR registered against them. The FIR alleged that the applicants failed to provide documents related to foreign-made liquor and obstructed the investigation, thereby committing offences under Sections 175, 176, and 186 of the Indian Penal Code.

The High Court noted that the police had no authority to seal or conduct search and seizure procedures in a bonded warehouse under the jurisdiction of the Customs Department without prior permission. The Court emphasized that if an offence was found, the police should request the Customs Department or Central Government for action, as they lacked jurisdiction for search operations.

The applicants' advocate argued that the Customs Department had already taken appropriate actions, including confiscation of goods and penalties under the Customs Act, rendering police interference unnecessary. Reference was made to Section 155 of the Customs Act, which provides protection to officers acting in good faith in pursuance of their duties, shielding them from prosecution.

Considering the lack of evidence to prosecute the applicants in connection with the FIR, the Court allowed the application, quashing the FIR and related proceedings against the officials. The Court highlighted that no proceedings could be initiated against the applicants based on the clear provisions of Section 155 of the Customs Act. The judgment concluded by permitting direct service regarding the decision.