SYED JAMIL AKHTAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioners have approached this Court praying for quashing of criminal proceedings against the petitioners by way of setting aside the impugned order dated 11th September, 2003 of the learned Special Magistrate, C.B.). passed in R.C. No. 23(A) of 1989 whereby the learned Magistrate has rejected the petitioners prayer for tapping the criminal proceedings on the ground that before according sanction under Section 137 of the Customs Act, 1962 (nereinafter, in short, referred to as the"Act"), aby notice was not given to the petitioners.

(2.) THE petitioners being public servants, are being prosecuted for various offences on the allegations that they being in collusion and connivance with others, caused the Customs Department a loss to the tune of Rs. 1,21,21,320/ -. After lodging of F.I.R., completion of investigation and filing of charge -sheet, cognizance of the offence was taken and the petitioners are facing trial in which the evidence is proceeding.

(3.) DURING the argument, learned counsel for the petitioners argued that under Section 155 of the Act, it is provided that no suit or prosecution shall lie against the Central Government servants for anything done or intended to be done in good faith in pursuance of official date.