...14.10.2016 of learned Special Judge-03, CBI whereby the application filed under Section 155 of Customs Act was...date, was working as Commissioner of Customs, ICD-Tughlaqabad, New Delhi.5. The petitioner had also filed similar petition bearing No. Crl. M.C.2487/2016 before this Court which was withdrawn without addressing argumen...under law vide order dated 23.09.2016, Subsequently, the petitioner moved the application under Section 155 of Customs ...

...Section 155 of the Customs Act, 1961 following decision of the Tribunal in the case of CC, New D...(supra) is in relation to immunity granted under Customs Act, 1962. In that case, the Commissioner himself had dropped the proceeding which was found...Section 155 of Customs Act has safeguard provision of notice before initiation of proceeding. The appell...

..., would not have turned down the plea of limitation, built into section 155 of Customs Act, 1962 and could have been resorted to, as bar to continuation of proceedings arising from notice...historically acknowledged non-issue. And, thereby, the second oddity is the unleashing of the expectation of the appellants herein of ever having to face the adjudicator again, owing to section 155 ...(PCCCC) of Bharat Diamond Bourse (BDB), Mumbai, were also included as noticees for imposition of penalties under section 112 and section 114AA of Customs Act, 1962 for their respective ro...

..., would not have turned down the plea of limitation, built into section 155 of Customs Act, 1962 and could have been resorted to, as bar to continuation of proceedings arising from notice...historically acknowledged non-issue. And, thereby, the second oddity is the unleashing of the expectation of the appellants herein of ever having to face the adjudicator again, owing to section 155 ...(PCCCC) of Bharat Diamond Bourse (BDB), Mumbai, were also included as noticees for imposition of penalties under section 112 and section 114AA of Customs Act, 1962 for their respective ro...

..., would not have turned down the plea of limitation, built into section 155 of Customs Act, 1962 and could have been resorted to, as bar to continuation of proceedings arising from notice...historically acknowledged non-issue. And, thereby, the second oddity is the unleashing of the expectation of the appellants herein of ever having to face the adjudicator again, owing to section 155 ...(PCCCC) of Bharat Diamond Bourse (BDB), Mumbai, were also included as noticees for imposition of penalties under section 112 and section 114AA of Customs Act, 1962 for their respective ro...

..., would not have turned down the plea of limitation, built into section 155 of Customs Act, 1962 and could have been resorted to, as bar to continuation of proceedings arising from notice...historically acknowledged non-issue. And, thereby, the second oddity is the unleashing of the expectation of the appellants herein of ever having to face the adjudicator again, owing to section 155 ...(PCCCC) of Bharat Diamond Bourse (BDB), Mumbai, were also included as noticees for imposition of penalties under section 112 and section 114AA of Customs Act, 1962 for their respective ro...

...2000 (93) ECR 577 (SC). So also to the immunity under Section 155 of the ...Customs Act, 1962. In that case, the Commissioner himself had dropped the proceeding which was found to be without any legal infirmity. The appellant...nothing found to consider the case of appellant in that light. To protect public servant Section 155 of Customs ...

...Original Case No. 105/2005, vide which the application filed by the petitioner under Section 155(2) of the Customs Act, 1962 was rejected.2. It...judgment of the Calcutta High Court as no notice was given under Section 155(2) of the Act and thus, the Court below has committed serious illegality in rejecting the application under Section ....”10. Section 155 of the Customs Act, 1962 reads as under :-...

...criminal trial for causing death of the driver of the vehicle under Section 155 of the Customs Act because under Section 106 of the Customs Act, he was...bodily injuries which had caused death, the officer concerned cannot claim protection at the threshold in stopping the criminal trial under Section 155 of the Customs Act. He has to face the criminal...immobilise the vehicle is beyond the scope and ambit of Section 106.4. It is, however, necessary to indicate a note of caution in the matter of consideration of protection agains...

...prosecution was bad, in the absence of non-compliance of statutory mandate contemplated under Section 155 of the ...Section 155 of the Customs Act were two independent protections and therefore sanction granted under the...Prevention of Corruption Act would not obviate the need of notice under section 155(2) of the...

...appellants was issued within the time prescribed under Section 155 (2) of the Customs Act, 1962. That for not issuing notice within time as per Section 155 (2) ...correctly imposed upon the appellant under Section 112(a) of the Customs Act, 1962. Learned Advocate appearing for the appellants a...following view on the applicability of Section 155 (2) of the Customs Act, 1962 :- 6.1 No doubt, the above allegations are quite serious in nature. However, the Adjudica...

...case. The accused had also taken a defence that their action was while discharging their official duty and therefore, sanction as required under Section 197 of Cr.P.C. read with section 155 of the ....9. Learned Magistrate in para-7 of the judgment says that accused had also filed an application for discharge claiming protection under Section 197 of Cr.P.C. and 155 of Customs...a sanction under Section 197 of Cr.P.C. and under section 155 of Customs Act 1962 was necessary in the facts and circumstances of this case.11. The entire basi...

...involved in this case was regarding claim of protection under Section 155 of Customs Act. The prosecution under...own free will and in view of this consent, no offence under Section 366 I.P.C is made out because evidently the prosecutrix was major.6. It was rightly...down in this case that the High Court in exercise of inherent jurisdiction under Section 482 Cr. P.C can look into the defence. On facts also this case is distinguishable...

...Customs and as such are public servants and could not have been prosecuted in the absence of valid sanction from the Central Government. Petitioners are protected in view of ...and the act complained of. The petitioners committed such a seriou act of beating the complaints by six persons which could have led to their death, and therefore cannot claim protection of ...commission of the alleged offence employed, in connection with the affairs of the Union of the Central Government. Section 155 of Customs Act. ...

...to be given to the officers within the stipulated period under Section 155(2) of the Customs Act, 1962. It is further submitted that no notice under ...v. Commr. of Customs (Prev.), West Bengal vide Final Order No. A/75832-75835/2016 dt. 10.08.2016.5. On perusal of the records, it appears that no notice was issued under Section 155...Section 117 of the Customs Act, 1962. Ld. Advocate appearing for the appellants argued that a notice is required to be given to the...

..., on the ground that the Magistrate had no jurisdiction to take cognizance of the complaint in the absence of sanction under Section 197 of the Code of Criminal Procedure, 1898, and under Section ...Sub-Divisional Magistrate, who was seized of a case under Section 5 of the Import and Export (Control) Act and Section 167(81) of the Sea Customs Act, regarding the goods, pendin...(Control) Act, and Section 167(81) of the Sea Customs Act, which were also seized by Appellant 1, who had obtained their delivery from the railway station, were not produced before Shri H.L Sikka...

...the offence under Sections 132, 135, 135-A and 136 of the Customs Act, 1962 were discharged on the ground that without issuance of notice under Section ...Section 155 of the Customs Act and without the time prescribed. The Court below relied upon the judgment of Hon'.... Section 155 of the Customs Act reads as under:“(1). No suit, prosecution or other legal proceeding sha...

...under Section 155(2) of the Customs Act, 1962 (‘the Customs Act’, for short). In that circumstance before alluding to the facts of the case, it would b...the Customs Act. The same reads as under:Section 155: Protection of action taken...Section 155 of the Customs Act, the Special Court has observed that by no stretch of imagination it could be said...

.... 106. Further, these officers by virtue of being officers of Customs are officers of Central Government and any process for the alleged act against t...confiscation, bound to impose consequential penalty under section 112 of Customs Act, 1962, that the protection of section 155 of Customs Act, 1962, which the a...fireplace. The plea of protection of section 155 of Customs Act, 1962 and 'double jeopardy' had been raised by the officials in their response to the notice and it was incumbent on an adj...

.... 106. Further, these officers by virtue of being officers of Customs are officers of Central Government and any process for the alleged act against t...confiscation, bound to impose consequential penalty under section 112 of Customs Act, 1962, that the protection of section 155 of Customs Act, 1962, which the a...fireplace. The plea of protection of section 155 of Customs Act, 1962 and 'double jeopardy' had been raised by the officials in their response to the notice and it was incumbent on an adj...