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2019 (2) TMI 220 - HC - CustomsValidity of complaint filed for Offence u/s 135 of the Customs Act, 1962 - sanction and authorization for prosecution of public servant - the complaint was filed by a public servant in official capacity, no preliminary inquiry was held, cognizance being taken on the complaint - principles of natural justice - Held that:- complainant, took its own time in prosecuting the complaint, it having lingered on over the years - The manner in which the proceedings have been held and the manner in which the petitioner has conducted the prosecution gives the impression it is more of persecution than prosecution. It is the duty of the prosecutor to ensure that all such evidence is properly and formally adduced. It is not a private prosecution but prosecution in the name of an entity of the State. The prosecutor had a duty of trust to discharge. He could not assume that the witness would himself offer all the necessary facts. After all, the witness was a public servant holding the rank of an inspector. He required assistance and, for his chief-examination, proper questions had to be put to him by the prosecutor. The failure to bring formal evidence in respect of sanction for prosecution, in these circumstances, is wholly and squarely that of the public prosecutor in-charge. He should have fully awakened to the neglect or omission on his part at least at the time of arguments on charge. The direction of the revisional court for fresh sanction to be obtained was wholly uncalled for inasmuch as the sanction granted prior to the launching of the complaint is already there and it is that sanction which is relevant. The criminal prosecution of such nature cannot be allowed to be reduced to a mockery, not the least, at the whims of individuals. After all, public interest involved in such prosecution also has to be taken care of - petition is allowed with costs of ₹ 50,000/- to be deposited by the petitioner with Delhi High Court Legal Services Committee within two weeks hereof.
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