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Issues:
1. Applicability of Section 198 of the Sea Customs Act. 2. Applicability of Section 197 of the Criminal Procedure Code. Issue 1 - Section 198 of the Sea Customs Act: The case involved a Customs Inspector accused of assaulting a woman during a bus inspection. The accused argued that the assault was part of his official duties, thus requiring sanction under Section 198 of the Sea Customs Act. However, the High Court held that the assault was not within the scope of official duties. The judgment referenced precedents from the Privy Council and the Federal Court to establish that acts done by public servants must genuinely relate to their duties. The court emphasized that assaulting a citizen without following proper procedures cannot be considered an official duty, as outlined in the Sea Customs Act. The court criticized the lower court's interpretation and directed the case to proceed without the need for compliance with Section 198. Issue 2 - Section 197 of the Criminal Procedure Code: The accused also raised objections under Section 197 of the Criminal Procedure Code, claiming the need for sanction from the Central Government for prosecution. The High Court rejected this argument, stating that the alleged assault did not fall within the realm of official duties. The court cited previous judgments to explain that Section 197 applies only when an act is directly linked to official duties and not when it involves abuse of official position. The court highlighted that the question of sanction under Section 197 is a mixed question of fact and law, requiring thorough investigation rather than summary dismissal. Additionally, the court clarified that even if sanction were required, it would not necessitate approval from the Central Government since the Customs Inspector could be dismissed by a delegated authority. The High Court set aside the lower court's dismissal and directed the case to proceed for further examination and disposal in accordance with the law.
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