UNION OF INDIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BOTH the petitions are being disposed of by common order as issues of law and fact involved are same.

(2.) THESE petitions are filed by Union of India through officers of customs whose names are also mentioned in the petition as petitioners and one of whom has verified the petition. Custom Officers who are accused in different criminal cases instituted against them by the respondents are also described as petitioners are public servant within the meaning of section 21 of I. P. C.

(3.) AT the relevant time i!?. in the year 1985-86 petitioners were working as officer in the Department of Customs and were stationed at the Sahar International Airport, Air Intelligence Unit. The petitioners 1, 2 and 5 were working as Preventing Officers of the Customs whereas petitioner No. 3 was mem-ber of Indian Customs and Central Excise, Service Group 'a' petitioner No. 3 was working as Assistant Commissioner of Custom at the relevant time and at present he is working as Member of Indian Customs and Central Excise service Group 'a'. Petitioners Nos. 4 and 6 were working as Superintendent of custom in Air Intelligence Unit and have retired in 1987 and in February, 2001 respectively.