UNION OF INDIA Vs. S.P. GOYAL

JUDGEMENT

(1.) Vide this order the above mentioned two petitions will be disposed of as the petitioners have sought quashing of the criminal Complaint No. 394-I dated 9-4-2002 under Sections 109, 112, 383, 384, 499, 500, 501, 506 read with Section 120-B of the Indian Penal Code, 1860 (IPC for short).

(2.) Learned counsel for the petitioners has submitted that the impugned summoning order dated 8-6-2002 is liable to be quashed. The officials were merely acting in discharge of their official duties. The goods exported by the complainant were seized and it was found that the value of the goods had not been properly disclosed by the complainant. In fact, the goods worth Rs. 1,95,000/- had been shown to be of value worth Rs. 84,00,000/- . The complainant had over valued the goods imported by it with a view to take the benefit of Duty Entitlement Passbook Scheme (DEPB for short). The fact that the complainant had over valued the goods was upheld in a litigation up to the Apex Court. However, the detention order passed under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA for short) was set aside by this Court. The officials of Union of India could not be summoned to face the trial for offence under Sections 384/500 IPC. The allegation qua extortion levelled against accused John Joseph were just to pressurise the officials by the complainant. As per Section 155 of the Customs Act, 1962 (the Act for short) no legal proceedings shall lie against the officials of the Central Government qua anything done under the Act in good faith. Moreover, no action could be taken against the officials for anything under the Act without giving one month's previous notice in writing to the Central Government or after the expiry of three months' of accrual of such cause.

(3.) Learned counsel for the respondents, on the other hand, has submitted that the officials had got the news item published against the complainant with a view to defame him. The detention order passed under the COFEPOSA had been set aside by this Court. Petitioner John Joseph had demanded a sum of Rs. 25,00,000/- for saving the complainant from the detention order and had pressurised him to withdraw the criminal complaint at Ludhiana. However, the complainant had refused to pay the said amount. The detention order was got published in the news paper.