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TMI Blog2015 (9) TMI 814X X X X Extracts X X X X X X X X Extracts X X X X ..... Petitioner submitted that requirement of sanction under section 155 of Cr.P.C was not followed – Whether sanction under Section 155(2), of Magistrate was necessary, before investigation into non-cognizable offence can be conducted – Held that:- It is trite that Courts do not embark or attempt to decide questions, which are purely of academic nature – Even if view taken by Magistrate, insofar as re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 135 of the Customs Act, 1962, in Criminal Case No. 2/C/2002/A, before the learned Chief Judicial Magistrate, Margao. By judgment and order dated 10.12.2012, the respondent came to acquitted for the offence as charged. Feeling aggrieved, the appellant-original complainant has come up in appeal. 4. The learned Counsel for the appellant submits that there were two issues before the learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ged by the complainant. He therefore submitted that, finding of this Court is necessary. 6. The learned Counsel for the appellant has relied upon two constituted Bench decisions of the Hon'ble Supreme Court, in the case of Om Prakash Vs. Union of India , reported in 2011(272) E.L.T. 321 (S.C.) and in the case of Badaku Joti Svant Vs. State of Mysore , reported in (1966) 3 SCR 698, in orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent of sanction under Section 155 of Cr.P.C is reversed, the fact that the order of adjudication is set aside by CESTAT would come in the way of the appellant. As such, I do not find that the question, which for the present purpose is of academic nature needs to be gone into and decided. However, in order to redress the apprehension on behalf of the appellant, it would be sufficient to observe tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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