Sanction U/S 137 Customs Act Not Required For Prosecution On Charges Under Prevention Of Corruption Act: Karnataka High Court
2 years, 5 months ago

Sanction U/S 137 Customs Act Not Required For Prosecution On Charges Under Prevention Of Corruption Act: Karnataka High Court

Live Law  

The Karnataka High Court has held that sanction under Section 137 of the Customs Act, to prosecute an officer of the Customs Department, charged under the offences punishable under the Prevention of Corruption Act, is not required. The Petitioner contended that on the date of the alleged offences, he was serving in the Customs Department and thus, a sanction order under Section 137 of the Customs Act was mandatory for taking cognizance. However, the said sanction under Section 137 of the Customs Act is required only with respect to those offences under Section 132, Section 133, Section 134, Section 135 or Section 135-A of the Customs Act." It added, "In the case on hand, admittedly, the offences alleged against the present petitioner are punishable under Sections 120B, 420, 467, 468 and 471 of the IPC and under Section 13 read with Section 13 of the Prevention of Corruption Act.

Corruption Court Prevention Customs Sanction Department Cbi Act Commissioner Kar Excise Petitioner Offences Central Excise Section 13 Section 137  act  required  prevention  customs  karnataka  corruption  petitioner  offences  court  commissioner  excise  prosecution  high  department  sanction

History of this topic

Prosecution Of Public Servant For Corruption Involves Public Interest, Delayed Sanction Doesn't Automatically Invalidate Proceedings: Jharkhand HC
1 year, 2 months ago

Prosecution Of Public Servant For Corruption Involves Public Interest, Delayed Sanction Doesn't Automatically Invalidate Proceedings: Jharkhand HC

Live Law  

While emphasizing that non-compliance with the mandatory period for granting sanction to prosecute a public servant should not automatically lead to the quashing of criminal proceedings, especially when the case involves the prosecution of a public servant for corruption, the Jharkhand High Court has dismissed the petition filed by Upendra Nath Mandal, the Former Senior Manager of MECON Ltd, seeking …

Penalty Under Section 114 A Of The Customs Act Is Invariably Linked To The Quantum Of Duty Evaded: CESTAT
1 year, 8 months ago

Penalty Under Section 114 A Of The Customs Act Is Invariably Linked To The Quantum Of Duty Evaded: CESTAT

Live Law  

The Chandigarh Bench of the Customs, Excise, and Service Tax Appellate Tribunal has held that the penalty under Section 114 A of the Customs Act is invariably linked to the quantum of duty evaded.The bench of S. S. Garg and P. Anjani Kumar has observed that the appellant has not violated the provisions intentionally and that there is no mens …

[S.197 CrPC] State Sanction Not Required To Prosecute Policemen For Their 'Illegal Acts': Kerala High Court
3 years, 2 months ago

[S.197 CrPC] State Sanction Not Required To Prosecute Policemen For Their 'Illegal Acts': Kerala High Court

Live Law  

The Kerala High Court has ruled that sanction stipulated under Section 197 Code of Criminal Procedure is not necessary to prosecute police officers in cases of police brutality since such acts are not related in any manner to the discharge of their official duties.Justice Mary Joseph remarked:".the accused can only be taken to have exercised their authority for committing some …

Taking Cognizance Of Offences Against Public Servants Without Sanction Under S.197 CrPC Bad In Law: Kerala High Court Reiterates
3 years, 4 months ago

Taking Cognizance Of Offences Against Public Servants Without Sanction Under S.197 CrPC Bad In Law: Kerala High Court Reiterates

Live Law  

The Kerala High Court on Wednesday held that it was necessary to obtain sanction under Section 197 of the Code of Criminal Procedure for prosecution against public servants, and that cognizance of the offences taken against them without such sanction was bad in law. Accordingly, reliance was placed on Amrik Singh v. State of Pepsu where it was held as …

"Whether Prosecution Sanction Required Even If Accused Was Not Holding The Office At The Time Of Taking Cognizance": Supreme Court Issues Notice In HD Kumaraswamy's Plea
3 years, 11 months ago

"Whether Prosecution Sanction Required Even If Accused Was Not Holding The Office At The Time Of Taking Cognizance": Supreme Court Issues Notice In HD Kumaraswamy's Plea

Live Law  

The Supreme court has issued notice in a Special Leave Petition filed by HD Kumaraswamy limited to the question as to whether without sanction the Special Judge could have taken cognizance of a complaint under Prevention of Corruption Act.Challenging the Karnataka High Court judgment which dismissed his petition filed under Section 482 of the Code of Criminal Procedure, the JD …

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