STATE OF KARNATAKA Vs. JANAKUSA JEEVANSA BAKALE

JUDGEMENT

(1.) By the impugned judgment the High court of Karnataka in exercise of power under Section 482 of the Code of Criminal Procedure has quashed a criminal proceeding initiated for commission of offence under Section 135- B (2 of the Customs Act, 1962 read with Section 85 of the Gold (Control) Act, 1968. The High court was of the opinion that the gold in question having been confiscated in a proceeding under Ch. XIV of the Customs Act the accused need not be penalised again by being pursued for commission of offence under Section 135. This view of the High court on the face of it is erroneous inasmuch as a confiscation proceeding under Ch. XIV of the Act has got nothing to do with the criminal prosecution under Ch. XVI of the Act. We, therefore, find sufficient substance in the argument of Mr. Veerappa, the learned counsel appearing for the State that the High court committed error in quashing the criminal proceeding on an erroneous view of the law. But at the same time, we do not think any fruitful purpose will be served by interfering with the said order of the High court and directing the prosecution to go on after lapse of 18 years. We, therefore, decline to interfere with the impugned order of the High court. The appeal is accordingly dismissed.