TMI Blog1981 (2) TMI 237X X X X Extracts X X X X X X X X Extracts X X X X ..... quashing a complaint dated the 16th July, 1975 made by Bhappa Singh appellant with a prayer that respondents Nos. 1 to 9, who are admittedly officials of the Excise and Customs Department, be convicted of offences under Sections 307, 452, 504, 342 and 148 read with Section 149 of the Penal Code. 2. Briefly the charge made in the complaint was that the accused-respondents had raided a jewellery ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... horised by the Central Government or the Administrator for performing any functions under this Act, for anything which is in good faith done or intended to be done under this Act or any rule or order made thereunder. and in doing so remarked: When a raiding party consisting of officers of the Central Excise and Customs Department enters any shop or building for performing duties under the Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ertain facts which are not in dispute may here be stated. The appellant was issued a licence to work as a certified goldsmith in the year 1963 and so was his son Gurdev Singh. The appellant's brother Om Prakash carried on his-business as a gold-dealer in the jewellary shop above mentioned under another licence,. At the time when violence is said to have beep used by the Customs party, Bhappa S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h in the Chaubara speaks volumes in that behalf. It may further be taken for granted that the Customs party was man-handled before they themselves resorted to violence, because there was no reason for them to open fire unless they were resisted in the carrying out of the raid peacefully. Even though what we have just stated is a general prima facie impression that we have formed at this stage o ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
