1996 (2) TMI 137 - SC - Customs

Whether prosecution against valiant and dutiful Customs Officer who risked his life to fight the mighty under-world of smugglers; unarmed and single-handedly and he succeeded after hot chase on his motorcycle - smuggler being in a car. The result was smuggling of gold worth Rs. 8 crores was prevented be allowed? Held that - We have all praise for such an officer and we would not allow him to be prosecuted much though the smugglers would want it to be so. Indeed the appellant is being persecuted not prosecuted as the action smacks of revenge seeking to take his life because he has taken the life of a smuggler; of course one close to political high ups of Goa. Let this not be countenanced. Let this head-hunting be not permitted. Appeal allowed. The prosecution against the appellant is therefore quashed.

Summary

Issues Involved:
1. Prosecution under Section 302 of the IPC.
2. Alleged self-inflicted injuries.
3. Denial of protection under Section 155 of the Customs Act, 1962.
4. The scope of Section 106 of the Customs Act, 1962.
5. The role and conduct of the CBI investigation.

Detailed Analysis:

1. Prosecution under Section 302 of the IPC:
The appellant, a Customs Officer, was prosecuted under Section 302 of the Indian Penal Code (IPC) following an incident where he prevented the smuggling of gold worth Rs. 8 crores. During a scuffle with the suspected smuggler, who was armed with a dagger, the smuggler died from injuries inflicted by the appellant, who himself sustained 22 injuries. The prosecution was initiated by the CBI, which alleged that the appellant had an ulterior motive to share the reward related to the recovery of smuggled gold. The High Court criticized this motive as far-fetched and unsupported by evidence.

2. Alleged Self-Inflicted Injuries:
The CBI argued that the injuries sustained by the appellant were self-inflicted to fabricate a self-defense claim. The "Hurt Certificate" indicated that the injuries were more than 24 hours old, contradicting the CBI's assertion that they were inflicted on the day following the incident. The court found this argument unconvincing, noting the mark ">" before "24 hours" on the certificate, indicating that the injuries were indeed sustained during the incident.

3. Denial of Protection under Section 155 of the Customs Act, 1962:
Section 155 provides protection to government officers for actions done in good faith in the course of their official duties. The CBI contended that the appellant was not engaged in official work, as there was no prior written information about the smuggling attempt. However, evidence showed that the Customs Department had informed the local police about the tip-off on the day of the incident. The court found this sufficient to establish that the appellant was acting in his official capacity.

4. The Scope of Section 106 of the Customs Act, 1962:
Section 106 empowers customs officers to stop and search conveyances suspected of smuggling. The CBI argued that the appellant's duty ended once the vehicle was stopped and that the subsequent scuffle was beyond his official duty. The court disagreed, stating that the appellant's actions to prevent the vehicle's mobility and defend himself from an armed attack were within the scope of his duties under Section 106. The court cited the case of Bhappa Sen v. Rampal Sen, where customs officials were protected under a similar provision for actions taken in self-defense during a raid.

5. The Role and Conduct of the CBI Investigation:
The court criticized the CBI's investigation as biased, noting the high hopes the public has for the agency. The investigation was seen as influenced by the deceased's political connections, leading to a prosecution that appeared more like persecution. The court emphasized the need to protect officers who act valiantly in the line of duty from such biased actions.

Conclusion:
The court quashed the prosecution against the appellant, acknowledging his bravery and the biased nature of the investigation. The appeal was allowed, and the appellant was granted protection under Section 155 of the Customs Act, 1962. The court underscored the importance of supporting officers who act in good faith to uphold the law and protect national interests.