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TMI Blog2019 (11) TMI 1134X X X X Extracts X X X X X X X X Extracts X X X X ..... RC 06 (A) 2019 dated 10.4.2019 pending on the file of 21st Additional City Civil and Sessions Judge and the Special Judge for CBI cases, Bangalore produced as Annexure-E to the writ petition. B. To pass any order as this Hon'ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity. 2. Petitioners are officials of the Customs Department. There are serious allegations leveled against them and others relating to demand of bribe of '.ten lakhs to release the goods imported by the complainant pertaining to supply of entry No.2485629 and 2480044 dated 4.9.2015. Such complaint has been filed by the complainant along with documents relating to video graphy evidence and it was alleged to have authentica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sent petitions is whether before 1st respondent proceeding to hold preliminary enquiry/investigation and filing of FIR is he required to comply with Section 17A of PC Act or not? 7. Section 17A of the PC Act reads as under: "17A.(1) No police officer shall conduct any enquiry or inquiry or investigation into any offence alleged to have been committed by a public servant under this Act, where the alleged offence is relatable to any recommendation made or decision taken by such public servant in discharge of his official functions or duties, without the previous approval- (a) in the case of a person who is or was employed, at the time when the offence was alleged to have been committed, in connection with the affairs of the Union, of tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 17A of PC Act is not tenable having regard to the fact that there is prima facie material evidence relating to demand of bribe of Rs.ten lakhs. Hence, question of obtaining prior approval under Section 17A of the PC Act is not warranted in view of first proviso. Section 17A of the PC Act has been interpreted by the Delhi High Court in the cited decision (supra). The relevant para-36 of the judgment reads as under: "36. Sana has complained that despite his having paid over Rs. 3 crores, he was repeatedly called for investigation by the Investigating Officer; when he complained about the same to Manoj, the latter informed him that all this was happening due to nonpayment of balance amount i.e. Rs. 2 crores. Taking the statement of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Central Government. The proviso to Section 17A stipulates: "Provided that no such approval shall be necessary for cases involving arrest of a person on the spot on the charge of accepting or attempting to accept any undue advantage for himself or for any other person". This Proviso clearly refers to cases where the charge is of accepting or attempting to accept undue personal advantage for himself or for any other person. The purpose of Section 17A can be read to be only to provide protection to officers/public servants who discharge their official functions and/or duties with diligence, fairly, in an unbiased manner and to the best of their ability and judgment, without any motive for their personal advantage or favour. A public s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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