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TMI Blog1985 (12) TMI 192X X X X Extracts X X X X X X X X Extracts X X X X ..... executive decision to sanction prosecution under Section 135 of the Customs Act, 1962 and thus become disqualified for adjudicating the case in exercise of the powers vested to him under Section 122 of the Customs Act, 1962? (3) Are Section 122 and 137 of the Customs Act, 1962 mutually exclusive? 2. The learned/Senior Departmental Representative expatiating on the questions formulated above submitted that the Tribunal by the impugned order set aside the order of the Additional Collector of Customs, Madras, dated 18-9-1982 and remitted the matter back for readjudication, not on merits but on a technical ground that the Additional Collector, who, on application of mind into the facts of the case, accorded sanction, should not have adjudicated the same, particularly in the context of an apprehension expressed by the respondent herein by his application dated 29-3-82 on grounds of natural justice. It was urged that according sanction is a statutory duty and not a direction for prosecution and therefore, the sanctioning authority is competent to adjudicate. It was further submitted that prior sanction by the competent authority under Section 137 of the Act is a condition precedent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with the proposition that according sanction is a statutory duty under Section 137 of the Act. But the whole question here is whether the sanctioning authority in the course of formation of an opinion for according sanction could be said to have entertained an impression or a feeling about the guilt of the person concerned and whether in the context of a criminal prosecution launched prior to adjudication, an apprehension in the mind of the respondent that he may not get fair or unbiased trial or adjudication at the hands of the Additional Collector in the instant case is reasonable, bona fide or genuine or totally fanciful, imaginary and capricious. The fundamental principle of natural justice is that in the case of quasi-judicial proceedings, the authority empowered to decide the dispute between opposing parties must be one without bias towards one side or the other in the dispute. Tribunals or authorities who are entrusted with quasi-judicial functions are as much bound by the relevant principles governing doctrine of bias as in other judicial Tribunals. The principles governing the doctrine of bias vis-a-vis, judicial Tribunals are well settled and they are typified by the ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be the truth or otherwise, one thing is certain that the respondent herein has clearly expressed want of confidence in the impartiality of the adjudicating authority who also has taken in tenacious stand with reference to his legal competence to proceed with the adjudication notwithstanding the expression of want of confidence by the respondent. In such a situation of factual controversy with reference to procedural propriety resorted to by either of the side it need hardly be said that it is expedient that the adjudication should have been made over to some other authority. As the Supreme Court has held, it is of the essence of judicial trial that the atmosphere in which it is held must be of calm detachment and dispassionate and unbiased application of mind. Therefore, in a situation as the one that existed in the present case, human probabilities and ordinary course of conduct would be factors relevant and determinative of the question of bias. After all, principles of natural justice explained above could not be encapsuled into the straight jacket of a rigid formula nor will it be proper to borrow the felicitous metaphor of Lord Wright" to force it into any Procrustean bed". ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssed an opinion that he and others should be prosecuted for the offences . This finding of the superior officer like that of an Additional Collector is certainly in the nature of command and would undoubtedly partake the character of an official direction. 7. As has been pointed out by the Supreme Court in the aforesaid ruling, the question on whether a Magistrate is personally interested or not has essentially to be decided on the facts in each case. Pecuniary interest, however, small will be a disqualification, but as regards other kinds of interest, there is no measure or standard except that it should be a substantial one giving rise to a real bias or a reasonable apprehension on the part of the accused of such bias (emphasis applied). Indeed, in the impugned order of the Tribunal has observed that as principles of natural justice revolve round fairplay in action, justice should not only be done but must seem to be done . The law has regard not so much perhaps to the motives which might be supposed to bias the judge as to the susceptibilities of the litigant parties. One important object, at all events, is to clear away everything which might engender suspicion and distru ..... X X X X Extracts X X X X X X X X Extracts X X X X
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