Kamaluddin Mohd Amin Siddique Vs Asstt Coll of Customs - Citation 359343 - Court Judgment

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			'casenote' => 'Doable Jeopardy inapplicable as enquiry under Customs Act is not prosecution. - CODE OF CRIMINAL PROCEDURE, 1973 [C.A. No. 2/1974]. Section 41: [ Swatanter Kumar, CJ, Smt Ranjana Desai & D.B. Bhosale, JJ] Arrest of accused - Held, A Police Officer or a person empowered to arrest may arrest a person without intervention of the Court subject to the limitations specified under the provisions of the Code. The provisions of Section 41 of the Code provides for arrest by a Police Officer without an order from a Magistrate and without a warrant. A distinct and different power under Section 44 of the Code empowers the Magistrate to arrest or order any person to arrest the offender. Under Section 44 of the Code, that power is vested in the Court of the Magistrate when an offence is committed in his presence. If the Legislature has taken care of providing such specific power under Section 44 of the Code, then there could be no reason for such a power not to be specified under the provisions of Chapter XII of the Code. In terms of Section 41, a police officer may arrest a person without a warrant or order from the Magistrate for any or all of the conditions specified in that provision. Language of this provision clearly suggested that the Police Officer can arrest a person without an order from the Magistrate. Thus, there appears to be no reason why on the strength of Section 156(3) of the Code, any restriction should be read into the power specifically granted by the legislature to the Police Officer. Of course, freedom  of investigation is the essence of these provisions but  in order to suppress the mischief it is sufficiently indicated under different provisions of the Code that the arresting officer should exercise his power or discretion judiciously and should be free of motive. Some kind of inbuilt safeguard is available to the accused in the cases where the Magistrate directs investigation under Section 156 (3) of the Code by taking recourse to the provisions of Section 438 of the Code by approaching the Court of Session or the High Court for such relief. Thus, during the course of investigation of a criminal case, an accused is not  remediless and that would further buttress the above view. [Jagannath Singh v Dr. Ajay Upadyay & anr 2006 Cri LJ 4274; 2006 (5) AIR Bom R held per incuriam]. -  4. Miss Mane appearing for the Applicants submitted that the sanction itself is bad in law inasmuch as the Appellate Authority under the Customs Act has exonerated the Accused. It is well settled that an enquiry under the Customs Act is not a prosecution and, therefore, it cannot be said that the vice of double jeopardy would ever apply to a case of this type.',
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			'judgement' => '<p style="text-align: justify;">H. Suresh, J.</p><p style="text-align: justify;">1. This is an application by Accused Nos. 1 and 2 to have the prosecution against them quashed on the ground that in a Customs enquiry they have been let off.</p><p style="text-align: justify;">2. The brief facts are as follows : On 18th August 1979, the Police Officers of Bhiwandi Police Station accosted the Accused while they were in an Ambassador Car. They were arrested under the Customs Act and a complaint has been filed against them under Section 135(1)(a) and 135(1)(b) punishable under Clause(ii) of Sub-section (1) of Section 135 of the Customs Act. The case has been filed after obtaining a sanction in that behalf on 16th October, 1981. In the meanwhile, in the enquiry proceedings held by the Customs authorities, the Additional Collector of Customs, Bombay, initially imposed a penalty of Rs. 2000/- on each of the Accused. The Accused preferred an Appeal and by an Order dated 11th December, 1981, the Order of imposition of the penalty was set aside and the Appeal was allowed.</p><p style="text-align: justify;">3. Relying on this Order, the Accused made an application before the learned Magistrate at Bhiwandi for quashing the proceedings. The learned Magistrate by his Order dated 15th February, 1985 dismissed the said application. The present application is against the said Order of the learned Magistrate.</p><p style="text-align: justify;">4. Miss Mane appearing for the Applicants submitted that the sanction itself is bad in law inasmuch as the Appellate Authority under the Customs Act has exonerated the Accused. She also submitted that, in any event, since the Accused have been exonerated under the Customs Act and seizure of the goods is not under the Customs Act, the prosecution can not rely on the presumption that is provided under Section 123 of the Customs Act. It is not necessary for me to go into these questions at this stage as all these questions will be considered by the learned Magistrate as and when he proceeds with the case.</p><p style="text-align: justify;">5. The only limited question is whether the learned Magistrate was not right in refusing to grant an application for quashing the proceedings. It is well settled that an enquiry under the Customs Act is not a prosecution and, therefore, it cannot be said that the vice of double jeopardy would ever apply to a case of this type. In the result, I find nothing wrong with the Order passed by the learned Magistrate on 15.2.1985.1, therefore, pass the following order:</p><p style="text-align: justify;">ORDER</p><p style="text-align: justify;">Rule discharged. Stay, if any, granted, stands vacated.<p style="text-align: justify;"></p><p style="text-align: justify;">',
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doable jeopardy inapplicable as enquiry under customs act is not prosecution. - code of criminal procedure, 1973 [c.a. no. 2/1974]. section 41: [ swatanter kumar, cj, smt ranjana desai & d.b. bhosale, jj] arrest of accused - held, a police officer or a person empowered to arrest may arrest a person without intervention of the court subject to the limitations specified under the provisions of the code. the provisions of section 41 of the code provides for arrest by a police officer without an order from a magistrate and without a warrant. a distinct and different power under section 44 of the code empowers the magistrate to arrest or order any person to arrest the offender. under section 44 of the code, that power is vested in the court of the magistrate when an offence is committed in his.....

Notice (8): Undefined variable: kword [APP/View/Case/amp.ctp, line 123]Code Context                                    }

                                //highest occurence of word in the judgement

                                echo $this->Wand->highlight($this->Excerpt->extractRelevant($kword,strtolower(strip_tags($desc['Judgement']['judgement']))), $query) . "</div>";
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp'
$dataForView = array(
	'title_for_layout' => 'Kamaluddin Mohd Amin Siddique Vs Asstt Coll of Customs - Citation 359343 - Court Judgment | ',
	'desc' => array(
		'Judgement' => array(
			'id' => '359343',
			'acts' => '<a href="/act/51922/customs-act-1962-complete-act">Customs Act, 1962</a> - Sections 123 and 135(1)',
			'appealno' => 'Criminal Application No. 952 of 1985',
			'appellant' => 'KamaluddIn Mohd. AmIn Siddique',
			'authreffered' => '',
			'casename' => 'KamaluddIn Mohd. AmIn Siddique Vs. Asstt. Coll. of Customs',
			'casenote' => 'Doable Jeopardy inapplicable as enquiry under Customs Act is not prosecution. - CODE OF CRIMINAL PROCEDURE, 1973 [C.A. No. 2/1974]. Section 41: [ Swatanter Kumar, CJ, Smt Ranjana Desai & D.B. Bhosale, JJ] Arrest of accused - Held, A Police Officer or a person empowered to arrest may arrest a person without intervention of the Court subject to the limitations specified under the provisions of the Code. The provisions of Section 41 of the Code provides for arrest by a Police Officer without an order from a Magistrate and without a warrant. A distinct and different power under Section 44 of the Code empowers the Magistrate to arrest or order any person to arrest the offender. Under Section 44 of the Code, that power is vested in the Court of the Magistrate when an offence is committed in his presence. If the Legislature has taken care of providing such specific power under Section 44 of the Code, then there could be no reason for such a power not to be specified under the provisions of Chapter XII of the Code. In terms of Section 41, a police officer may arrest a person without a warrant or order from the Magistrate for any or all of the conditions specified in that provision. Language of this provision clearly suggested that the Police Officer can arrest a person without an order from the Magistrate. Thus, there appears to be no reason why on the strength of Section 156(3) of the Code, any restriction should be read into the power specifically granted by the legislature to the Police Officer. Of course, freedom  of investigation is the essence of these provisions but  in order to suppress the mischief it is sufficiently indicated under different provisions of the Code that the arresting officer should exercise his power or discretion judiciously and should be free of motive. Some kind of inbuilt safeguard is available to the accused in the cases where the Magistrate directs investigation under Section 156 (3) of the Code by taking recourse to the provisions of Section 438 of the Code by approaching the Court of Session or the High Court for such relief. Thus, during the course of investigation of a criminal case, an accused is not  remediless and that would further buttress the above view. [Jagannath Singh v Dr. Ajay Upadyay & anr 2006 Cri LJ 4274; 2006 (5) AIR Bom R held per incuriam]. -  4. Miss Mane appearing for the Applicants submitted that the sanction itself is bad in law inasmuch as the Appellate Authority under the Customs Act has exonerated the Accused. It is well settled that an enquiry under the Customs Act is not a prosecution and, therefore, it cannot be said that the vice of double jeopardy would ever apply to a case of this type.',
			'caseanalysis' => null,
			'casesref' => '',
			'citingcases' => '',
			'counselplain' => 'Prabha Mane, Adv. for ;Km. S.D. Kolhe, Adv.',
			'counseldef' => 'S.B. Kher and ;C.M. Kothari, Public Prosecutors',
			'court' => 'Mumbai',
			'court_type' => 'HC',
			'decidedon' => '1989-01-12',
			'deposition' => '',
			'favorof' => null,
			'findings' => null,
			'judge' => 'H. Suresh, J.',
			'judgement' => '<p style="text-align: justify;">H. Suresh, J.</p><p style="text-align: justify;">1. This is an application by Accused Nos. 1 and 2 to have the prosecution against them quashed on the ground that in a Customs enquiry they have been let off.</p><p style="text-align: justify;">2. The brief facts are as follows : On 18th August 1979, the Police Officers of Bhiwandi Police Station accosted the Accused while they were in an Ambassador Car. They were arrested under the Customs Act and a complaint has been filed against them under Section 135(1)(a) and 135(1)(b) punishable under Clause(ii) of Sub-section (1) of Section 135 of the Customs Act. The case has been filed after obtaining a sanction in that behalf on 16th October, 1981. In the meanwhile, in the enquiry proceedings held by the Customs authorities, the Additional Collector of Customs, Bombay, initially imposed a penalty of Rs. 2000/- on each of the Accused. The Accused preferred an Appeal and by an Order dated 11th December, 1981, the Order of imposition of the penalty was set aside and the Appeal was allowed.</p><p style="text-align: justify;">3. Relying on this Order, the Accused made an application before the learned Magistrate at Bhiwandi for quashing the proceedings. The learned Magistrate by his Order dated 15th February, 1985 dismissed the said application. The present application is against the said Order of the learned Magistrate.</p><p style="text-align: justify;">4. Miss Mane appearing for the Applicants submitted that the sanction itself is bad in law inasmuch as the Appellate Authority under the Customs Act has exonerated the Accused. She also submitted that, in any event, since the Accused have been exonerated under the Customs Act and seizure of the goods is not under the Customs Act, the prosecution can not rely on the presumption that is provided under Section 123 of the Customs Act. It is not necessary for me to go into these questions at this stage as all these questions will be considered by the learned Magistrate as and when he proceeds with the case.</p><p style="text-align: justify;">5. The only limited question is whether the learned Magistrate was not right in refusing to grant an application for quashing the proceedings. It is well settled that an enquiry under the Customs Act is not a prosecution and, therefore, it cannot be said that the vice of double jeopardy would ever apply to a case of this type. In the result, I find nothing wrong with the Order passed by the learned Magistrate on 15.2.1985.1, therefore, pass the following order:</p><p style="text-align: justify;">ORDER</p><p style="text-align: justify;">Rule discharged. Stay, if any, granted, stands vacated.<p style="text-align: justify;"></p><p style="text-align: justify;">',
			'observations' => null,
			'overruledby' => null,
			'prhistory' => '',
			'pubs' => '1989(24)ECC40; 1989(22)LC242(Bombay); 1989(41)ELT185(Bom)',
			'ratiodecidendi' => '',
			'respondent' => 'Asstt. Coll. of Customs',
			'sub' => 'Customs',
			'link' => null,
			'circuit' => null
		)
	),
	'casename_url' => 'kamaluddin-mohd-amin-siddique-vs-asstt-customs',
	'args' => array(
		(int) 0 => '359343',
		(int) 1 => 'kamaluddin-mohd-amin-siddique-vs-asstt-customs'
	)
)
$title_for_layout = 'Kamaluddin Mohd Amin Siddique Vs Asstt Coll of Customs - Citation 359343 - Court Judgment | '
$desc = array(
	'Judgement' => array(
		'id' => '359343',
		'acts' => '<a href="/act/51922/customs-act-1962-complete-act">Customs Act, 1962</a> - Sections 123 and 135(1)',
		'appealno' => 'Criminal Application No. 952 of 1985',
		'appellant' => 'KamaluddIn Mohd. AmIn Siddique',
		'authreffered' => '',
		'casename' => 'KamaluddIn Mohd. AmIn Siddique Vs. Asstt. Coll. of Customs',
		'casenote' => 'Doable Jeopardy inapplicable as enquiry under Customs Act is not prosecution. - CODE OF CRIMINAL PROCEDURE, 1973 [C.A. No. 2/1974]. Section 41: [ Swatanter Kumar, CJ, Smt Ranjana Desai & D.B. Bhosale, JJ] Arrest of accused - Held, A Police Officer or a person empowered to arrest may arrest a person without intervention of the Court subject to the limitations specified under the provisions of the Code. The provisions of Section 41 of the Code provides for arrest by a Police Officer without an order from a Magistrate and without a warrant. A distinct and different power under Section 44 of the Code empowers the Magistrate to arrest or order any person to arrest the offender. Under Section 44 of the Code, that power is vested in the Court of the Magistrate when an offence is committed in his presence. If the Legislature has taken care of providing such specific power under Section 44 of the Code, then there could be no reason for such a power not to be specified under the provisions of Chapter XII of the Code. In terms of Section 41, a police officer may arrest a person without a warrant or order from the Magistrate for any or all of the conditions specified in that provision. Language of this provision clearly suggested that the Police Officer can arrest a person without an order from the Magistrate. Thus, there appears to be no reason why on the strength of Section 156(3) of the Code, any restriction should be read into the power specifically granted by the legislature to the Police Officer. Of course, freedom  of investigation is the essence of these provisions but  in order to suppress the mischief it is sufficiently indicated under different provisions of the Code that the arresting officer should exercise his power or discretion judiciously and should be free of motive. Some kind of inbuilt safeguard is available to the accused in the cases where the Magistrate directs investigation under Section 156 (3) of the Code by taking recourse to the provisions of Section 438 of the Code by approaching the Court of Session or the High Court for such relief. Thus, during the course of investigation of a criminal case, an accused is not  remediless and that would further buttress the above view. [Jagannath Singh v Dr. Ajay Upadyay & anr 2006 Cri LJ 4274; 2006 (5) AIR Bom R held per incuriam]. -  4. Miss Mane appearing for the Applicants submitted that the sanction itself is bad in law inasmuch as the Appellate Authority under the Customs Act has exonerated the Accused. It is well settled that an enquiry under the Customs Act is not a prosecution and, therefore, it cannot be said that the vice of double jeopardy would ever apply to a case of this type.',
		'caseanalysis' => null,
		'casesref' => '',
		'citingcases' => '',
		'counselplain' => 'Prabha Mane, Adv. for ;Km. S.D. Kolhe, Adv.',
		'counseldef' => 'S.B. Kher and ;C.M. Kothari, Public Prosecutors',
		'court' => 'Mumbai',
		'court_type' => 'HC',
		'decidedon' => '1989-01-12',
		'deposition' => '',
		'favorof' => null,
		'findings' => null,
		'judge' => 'H. Suresh, J.',
		'judgement' => '<p>H. Suresh, J.</p><p>1. This is an application by Accused Nos. 1 and 2 to have the prosecution against them quashed on the ground that in a Customs enquiry they have been let off.</p><p>2. The brief facts are as follows : On 18th August 1979, the Police Officers of Bhiwandi Police Station accosted the Accused while they were in an Ambassador Car. They were arrested under the Customs Act and a complaint has been filed against them under Section 135(1)(a) and 135(1)(b) punishable under Clause(ii) of Sub-section (1) of Section 135 of the Customs Act. The case has been filed after obtaining a sanction in that behalf on 16th October, 1981. In the meanwhile, in the enquiry proceedings held by the Customs authorities, the Additional Collector of Customs, Bombay, initially imposed a penalty of Rs. 2000/- on each of the Accused. The Accused preferred an Appeal and by an Order dated 11th December, 1981, the Order of imposition of the penalty was set aside and the Appeal was allowed.</p><p>3. Relying on this Order, the Accused made an application before the learned Magistrate at Bhiwandi for quashing the proceedings. The learned Magistrate by his Order dated 15th February, 1985 dismissed the said application. The present application is against the said Order of the learned Magistrate.</p><p>4. Miss Mane appearing for the Applicants submitted that the sanction itself is bad in law inasmuch as the Appellate Authority under the Customs Act has exonerated the Accused. She also submitted that, in any event, since the Accused have been exonerated under the Customs Act and seizure of the goods is not under the Customs Act, the prosecution can not rely on the presumption that is provided under Section 123 of the Customs Act. It is not necessary for me to go into these questions at this stage as all these questions will be considered by the learned Magistrate as and when he proceeds with the case.</p><p>5. The only limited question is whether the learned Magistrate was not right in refusing to grant an application for quashing the proceedings. It is well settled that an enquiry under the Customs Act is not a prosecution and, therefore, it cannot be said that the vice of double jeopardy would ever apply to a case of this type. In the result, I find nothing wrong with the Order passed by the learned Magistrate on 15.2.1985.1, therefore, pass the following order:</p><p>ORDER</p><p>Rule discharged. Stay, if any, granted, stands vacated.<p></p><p>',
		'observations' => null,
		'overruledby' => null,
		'prhistory' => '',
		'pubs' => '1989(24)ECC40; 1989(22)LC242(Bombay); 1989(41)ELT185(Bom)',
		'ratiodecidendi' => '',
		'respondent' => 'Asstt. Coll. of Customs',
		'sub' => 'Customs',
		'link' => null,
		'circuit' => null
	)
)
$casename_url = 'kamaluddin-mohd-amin-siddique-vs-asstt-customs'
$args = array(
	(int) 0 => '359343',
	(int) 1 => 'kamaluddin-mohd-amin-siddique-vs-asstt-customs'
)
$url = 'https://sooperkanoon.com/case/amp/359343/kamaluddin-mohd-amin-siddique-vs-asstt-customs'
$ctype = ' High Court'
include - APP/View/Case/amp.ctp, line 123
View::_evaluate() - CORE/Cake/View/View.php, line 971
View::_render() - CORE/Cake/View/View.php, line 933
View::render() - CORE/Cake/View/View.php, line 473
Controller::render() - CORE/Cake/Controller/Controller.php, line 963
Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200
Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167
[main] - APP/webroot/index.php, line 109

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 123]Code Context                                    }

                                //highest occurence of word in the judgement

                                echo $this->Wand->highlight($this->Excerpt->extractRelevant($kword,strtolower(strip_tags($desc['Judgement']['judgement']))), $query) . "</div>";
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp'
$dataForView = array(
	'title_for_layout' => 'Kamaluddin Mohd Amin Siddique Vs Asstt Coll of Customs - Citation 359343 - Court Judgment | ',
	'desc' => array(
		'Judgement' => array(
			'id' => '359343',
			'acts' => '<a href="/act/51922/customs-act-1962-complete-act">Customs Act, 1962</a> - Sections 123 and 135(1)',
			'appealno' => 'Criminal Application No. 952 of 1985',
			'appellant' => 'KamaluddIn Mohd. AmIn Siddique',
			'authreffered' => '',
			'casename' => 'KamaluddIn Mohd. AmIn Siddique Vs. Asstt. Coll. of Customs',
			'casenote' => 'Doable Jeopardy inapplicable as enquiry under Customs Act is not prosecution. - CODE OF CRIMINAL PROCEDURE, 1973 [C.A. No. 2/1974]. Section 41: [ Swatanter Kumar, CJ, Smt Ranjana Desai & D.B. Bhosale, JJ] Arrest of accused - Held, A Police Officer or a person empowered to arrest may arrest a person without intervention of the Court subject to the limitations specified under the provisions of the Code. The provisions of Section 41 of the Code provides for arrest by a Police Officer without an order from a Magistrate and without a warrant. A distinct and different power under Section 44 of the Code empowers the Magistrate to arrest or order any person to arrest the offender. Under Section 44 of the Code, that power is vested in the Court of the Magistrate when an offence is committed in his presence. If the Legislature has taken care of providing such specific power under Section 44 of the Code, then there could be no reason for such a power not to be specified under the provisions of Chapter XII of the Code. In terms of Section 41, a police officer may arrest a person without a warrant or order from the Magistrate for any or all of the conditions specified in that provision. Language of this provision clearly suggested that the Police Officer can arrest a person without an order from the Magistrate. Thus, there appears to be no reason why on the strength of Section 156(3) of the Code, any restriction should be read into the power specifically granted by the legislature to the Police Officer. Of course, freedom  of investigation is the essence of these provisions but  in order to suppress the mischief it is sufficiently indicated under different provisions of the Code that the arresting officer should exercise his power or discretion judiciously and should be free of motive. Some kind of inbuilt safeguard is available to the accused in the cases where the Magistrate directs investigation under Section 156 (3) of the Code by taking recourse to the provisions of Section 438 of the Code by approaching the Court of Session or the High Court for such relief. Thus, during the course of investigation of a criminal case, an accused is not  remediless and that would further buttress the above view. [Jagannath Singh v Dr. Ajay Upadyay & anr 2006 Cri LJ 4274; 2006 (5) AIR Bom R held per incuriam]. -  4. Miss Mane appearing for the Applicants submitted that the sanction itself is bad in law inasmuch as the Appellate Authority under the Customs Act has exonerated the Accused. It is well settled that an enquiry under the Customs Act is not a prosecution and, therefore, it cannot be said that the vice of double jeopardy would ever apply to a case of this type.',
			'caseanalysis' => null,
			'casesref' => '',
			'citingcases' => '',
			'counselplain' => 'Prabha Mane, Adv. for ;Km. S.D. Kolhe, Adv.',
			'counseldef' => 'S.B. Kher and ;C.M. Kothari, Public Prosecutors',
			'court' => 'Mumbai',
			'court_type' => 'HC',
			'decidedon' => '1989-01-12',
			'deposition' => '',
			'favorof' => null,
			'findings' => null,
			'judge' => 'H. Suresh, J.',
			'judgement' => '<p style="text-align: justify;">H. Suresh, J.</p><p style="text-align: justify;">1. This is an application by Accused Nos. 1 and 2 to have the prosecution against them quashed on the ground that in a Customs enquiry they have been let off.</p><p style="text-align: justify;">2. The brief facts are as follows : On 18th August 1979, the Police Officers of Bhiwandi Police Station accosted the Accused while they were in an Ambassador Car. They were arrested under the Customs Act and a complaint has been filed against them under Section 135(1)(a) and 135(1)(b) punishable under Clause(ii) of Sub-section (1) of Section 135 of the Customs Act. The case has been filed after obtaining a sanction in that behalf on 16th October, 1981. In the meanwhile, in the enquiry proceedings held by the Customs authorities, the Additional Collector of Customs, Bombay, initially imposed a penalty of Rs. 2000/- on each of the Accused. The Accused preferred an Appeal and by an Order dated 11th December, 1981, the Order of imposition of the penalty was set aside and the Appeal was allowed.</p><p style="text-align: justify;">3. Relying on this Order, the Accused made an application before the learned Magistrate at Bhiwandi for quashing the proceedings. The learned Magistrate by his Order dated 15th February, 1985 dismissed the said application. The present application is against the said Order of the learned Magistrate.</p><p style="text-align: justify;">4. Miss Mane appearing for the Applicants submitted that the sanction itself is bad in law inasmuch as the Appellate Authority under the Customs Act has exonerated the Accused. She also submitted that, in any event, since the Accused have been exonerated under the Customs Act and seizure of the goods is not under the Customs Act, the prosecution can not rely on the presumption that is provided under Section 123 of the Customs Act. It is not necessary for me to go into these questions at this stage as all these questions will be considered by the learned Magistrate as and when he proceeds with the case.</p><p style="text-align: justify;">5. The only limited question is whether the learned Magistrate was not right in refusing to grant an application for quashing the proceedings. It is well settled that an enquiry under the Customs Act is not a prosecution and, therefore, it cannot be said that the vice of double jeopardy would ever apply to a case of this type. In the result, I find nothing wrong with the Order passed by the learned Magistrate on 15.2.1985.1, therefore, pass the following order:</p><p style="text-align: justify;">ORDER</p><p style="text-align: justify;">Rule discharged. Stay, if any, granted, stands vacated.<p style="text-align: justify;"></p><p style="text-align: justify;">',
			'observations' => null,
			'overruledby' => null,
			'prhistory' => '',
			'pubs' => '1989(24)ECC40; 1989(22)LC242(Bombay); 1989(41)ELT185(Bom)',
			'ratiodecidendi' => '',
			'respondent' => 'Asstt. Coll. of Customs',
			'sub' => 'Customs',
			'link' => null,
			'circuit' => null
		)
	),
	'casename_url' => 'kamaluddin-mohd-amin-siddique-vs-asstt-customs',
	'args' => array(
		(int) 0 => '359343',
		(int) 1 => 'kamaluddin-mohd-amin-siddique-vs-asstt-customs'
	)
)
$title_for_layout = 'Kamaluddin Mohd Amin Siddique Vs Asstt Coll of Customs - Citation 359343 - Court Judgment | '
$desc = array(
	'Judgement' => array(
		'id' => '359343',
		'acts' => '<a href="/act/51922/customs-act-1962-complete-act">Customs Act, 1962</a> - Sections 123 and 135(1)',
		'appealno' => 'Criminal Application No. 952 of 1985',
		'appellant' => 'KamaluddIn Mohd. AmIn Siddique',
		'authreffered' => '',
		'casename' => 'KamaluddIn Mohd. AmIn Siddique Vs. Asstt. Coll. of Customs',
		'casenote' => 'Doable Jeopardy inapplicable as enquiry under Customs Act is not prosecution. - CODE OF CRIMINAL PROCEDURE, 1973 [C.A. No. 2/1974]. Section 41: [ Swatanter Kumar, CJ, Smt Ranjana Desai & D.B. Bhosale, JJ] Arrest of accused - Held, A Police Officer or a person empowered to arrest may arrest a person without intervention of the Court subject to the limitations specified under the provisions of the Code. The provisions of Section 41 of the Code provides for arrest by a Police Officer without an order from a Magistrate and without a warrant. A distinct and different power under Section 44 of the Code empowers the Magistrate to arrest or order any person to arrest the offender. Under Section 44 of the Code, that power is vested in the Court of the Magistrate when an offence is committed in his presence. If the Legislature has taken care of providing such specific power under Section 44 of the Code, then there could be no reason for such a power not to be specified under the provisions of Chapter XII of the Code. In terms of Section 41, a police officer may arrest a person without a warrant or order from the Magistrate for any or all of the conditions specified in that provision. Language of this provision clearly suggested that the Police Officer can arrest a person without an order from the Magistrate. Thus, there appears to be no reason why on the strength of Section 156(3) of the Code, any restriction should be read into the power specifically granted by the legislature to the Police Officer. Of course, freedom  of investigation is the essence of these provisions but  in order to suppress the mischief it is sufficiently indicated under different provisions of the Code that the arresting officer should exercise his power or discretion judiciously and should be free of motive. Some kind of inbuilt safeguard is available to the accused in the cases where the Magistrate directs investigation under Section 156 (3) of the Code by taking recourse to the provisions of Section 438 of the Code by approaching the Court of Session or the High Court for such relief. Thus, during the course of investigation of a criminal case, an accused is not  remediless and that would further buttress the above view. [Jagannath Singh v Dr. Ajay Upadyay & anr 2006 Cri LJ 4274; 2006 (5) AIR Bom R held per incuriam]. -  4. Miss Mane appearing for the Applicants submitted that the sanction itself is bad in law inasmuch as the Appellate Authority under the Customs Act has exonerated the Accused. It is well settled that an enquiry under the Customs Act is not a prosecution and, therefore, it cannot be said that the vice of double jeopardy would ever apply to a case of this type.',
		'caseanalysis' => null,
		'casesref' => '',
		'citingcases' => '',
		'counselplain' => 'Prabha Mane, Adv. for ;Km. S.D. Kolhe, Adv.',
		'counseldef' => 'S.B. Kher and ;C.M. Kothari, Public Prosecutors',
		'court' => 'Mumbai',
		'court_type' => 'HC',
		'decidedon' => '1989-01-12',
		'deposition' => '',
		'favorof' => null,
		'findings' => null,
		'judge' => 'H. Suresh, J.',
		'judgement' => '<p>H. Suresh, J.</p><p>1. This is an application by Accused Nos. 1 and 2 to have the prosecution against them quashed on the ground that in a Customs enquiry they have been let off.</p><p>2. The brief facts are as follows : On 18th August 1979, the Police Officers of Bhiwandi Police Station accosted the Accused while they were in an Ambassador Car. They were arrested under the Customs Act and a complaint has been filed against them under Section 135(1)(a) and 135(1)(b) punishable under Clause(ii) of Sub-section (1) of Section 135 of the Customs Act. The case has been filed after obtaining a sanction in that behalf on 16th October, 1981. In the meanwhile, in the enquiry proceedings held by the Customs authorities, the Additional Collector of Customs, Bombay, initially imposed a penalty of Rs. 2000/- on each of the Accused. The Accused preferred an Appeal and by an Order dated 11th December, 1981, the Order of imposition of the penalty was set aside and the Appeal was allowed.</p><p>3. Relying on this Order, the Accused made an application before the learned Magistrate at Bhiwandi for quashing the proceedings. The learned Magistrate by his Order dated 15th February, 1985 dismissed the said application. The present application is against the said Order of the learned Magistrate.</p><p>4. Miss Mane appearing for the Applicants submitted that the sanction itself is bad in law inasmuch as the Appellate Authority under the Customs Act has exonerated the Accused. She also submitted that, in any event, since the Accused have been exonerated under the Customs Act and seizure of the goods is not under the Customs Act, the prosecution can not rely on the presumption that is provided under Section 123 of the Customs Act. It is not necessary for me to go into these questions at this stage as all these questions will be considered by the learned Magistrate as and when he proceeds with the case.</p><p>5. The only limited question is whether the learned Magistrate was not right in refusing to grant an application for quashing the proceedings. It is well settled that an enquiry under the Customs Act is not a prosecution and, therefore, it cannot be said that the vice of double jeopardy would ever apply to a case of this type. In the result, I find nothing wrong with the Order passed by the learned Magistrate on 15.2.1985.1, therefore, pass the following order:</p><p>ORDER</p><p>Rule discharged. Stay, if any, granted, stands vacated.<p></p><p>',
		'observations' => null,
		'overruledby' => null,
		'prhistory' => '',
		'pubs' => '1989(24)ECC40; 1989(22)LC242(Bombay); 1989(41)ELT185(Bom)',
		'ratiodecidendi' => '',
		'respondent' => 'Asstt. Coll. of Customs',
		'sub' => 'Customs',
		'link' => null,
		'circuit' => null
	)
)
$casename_url = 'kamaluddin-mohd-amin-siddique-vs-asstt-customs'
$args = array(
	(int) 0 => '359343',
	(int) 1 => 'kamaluddin-mohd-amin-siddique-vs-asstt-customs'
)
$url = 'https://sooperkanoon.com/case/amp/359343/kamaluddin-mohd-amin-siddique-vs-asstt-customs'
$ctype = ' High Court'
include - APP/View/Case/amp.ctp, line 123
View::_evaluate() - CORE/Cake/View/View.php, line 971
View::_render() - CORE/Cake/View/View.php, line 933
View::render() - CORE/Cake/View/View.php, line 473
Controller::render() - CORE/Cake/Controller/Controller.php, line 963
Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200
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h. suresh, j.1. this is an application by accused nos. 1 and 2 to have the prosecution against them quashed on the ground that in a customs enquiry they have been let off.2. the brief facts are as follows : on 18th august 1979, the police officers of bhiwandi police station accosted the accused while they were in an ambassador car. they were arrested under the customs act and a complaint has been filed against them under section 135(1)(a) and 135(1)(b) punishable under clause(ii) of sub-section (1) of section 135 of the customs act. the case has been filed after obtaining a sanction in that behalf on 16th october, 1981. in the meanwhile, in the enquiry proceedings held by the customs authorities, the additional collector of customs, bombay, initially imposed a penalty of rs. 2000/- on.....

Judgment:

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	(int) 3 => '<p>3. Relying on this Order, the Accused made an application before the learned Magistrate at Bhiwandi for quashing the proceedings. The learned Magistrate by his Order dated 15th February, 1985 dismissed the said application. The present application is against the said Order of the learned Magistrate.',
	(int) 4 => '<p>4. Miss Mane appearing for the Applicants submitted that the sanction itself is bad in law inasmuch as the Appellate Authority under the Customs Act has exonerated the Accused. She also submitted that, in any event, since the Accused have been exonerated under the Customs Act and seizure of the goods is not under the Customs Act, the prosecution can not rely on the presumption that is provided under Section 123 of the Customs Act. It is not necessary for me to go into these questions at this stage as all these questions will be considered by the learned Magistrate as and when he proceeds with the case.',
	(int) 5 => '<p>5. The only limited question is whether the learned Magistrate was not right in refusing to grant an application for quashing the proceedings. It is well settled that an enquiry under the Customs Act is not a prosecution and, therefore, it cannot be said that the vice of double jeopardy would ever apply to a case of this type. In the result, I find nothing wrong with the Order passed by the learned Magistrate on 15.2.1985.1, therefore, pass the following order:',
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H. Suresh, J.

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	(int) 3 => '<p>3. Relying on this Order, the Accused made an application before the learned Magistrate at Bhiwandi for quashing the proceedings. The learned Magistrate by his Order dated 15th February, 1985 dismissed the said application. The present application is against the said Order of the learned Magistrate.',
	(int) 4 => '<p>4. Miss Mane appearing for the Applicants submitted that the sanction itself is bad in law inasmuch as the Appellate Authority under the Customs Act has exonerated the Accused. She also submitted that, in any event, since the Accused have been exonerated under the Customs Act and seizure of the goods is not under the Customs Act, the prosecution can not rely on the presumption that is provided under Section 123 of the Customs Act. It is not necessary for me to go into these questions at this stage as all these questions will be considered by the learned Magistrate as and when he proceeds with the case.',
	(int) 5 => '<p>5. The only limited question is whether the learned Magistrate was not right in refusing to grant an application for quashing the proceedings. It is well settled that an enquiry under the Customs Act is not a prosecution and, therefore, it cannot be said that the vice of double jeopardy would ever apply to a case of this type. In the result, I find nothing wrong with the Order passed by the learned Magistrate on 15.2.1985.1, therefore, pass the following order:',
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1. This is an application by Accused Nos. 1 and 2 to have the prosecution against them quashed on the ground that in a Customs enquiry they have been let off.

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Context                                         echo $this->Adsense->display('responsive_rect'); 

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			'casename' => 'KamaluddIn Mohd. AmIn Siddique Vs. Asstt. Coll. of Customs',
			'casenote' => 'Doable Jeopardy inapplicable as enquiry under Customs Act is not prosecution. - CODE OF CRIMINAL PROCEDURE, 1973 [C.A. No. 2/1974]. Section 41: [ Swatanter Kumar, CJ, Smt Ranjana Desai & D.B. Bhosale, JJ] Arrest of accused - Held, A Police Officer or a person empowered to arrest may arrest a person without intervention of the Court subject to the limitations specified under the provisions of the Code. The provisions of Section 41 of the Code provides for arrest by a Police Officer without an order from a Magistrate and without a warrant. A distinct and different power under Section 44 of the Code empowers the Magistrate to arrest or order any person to arrest the offender. Under Section 44 of the Code, that power is vested in the Court of the Magistrate when an offence is committed in his presence. If the Legislature has taken care of providing such specific power under Section 44 of the Code, then there could be no reason for such a power not to be specified under the provisions of Chapter XII of the Code. In terms of Section 41, a police officer may arrest a person without a warrant or order from the Magistrate for any or all of the conditions specified in that provision. Language of this provision clearly suggested that the Police Officer can arrest a person without an order from the Magistrate. Thus, there appears to be no reason why on the strength of Section 156(3) of the Code, any restriction should be read into the power specifically granted by the legislature to the Police Officer. Of course, freedom  of investigation is the essence of these provisions but  in order to suppress the mischief it is sufficiently indicated under different provisions of the Code that the arresting officer should exercise his power or discretion judiciously and should be free of motive. Some kind of inbuilt safeguard is available to the accused in the cases where the Magistrate directs investigation under Section 156 (3) of the Code by taking recourse to the provisions of Section 438 of the Code by approaching the Court of Session or the High Court for such relief. Thus, during the course of investigation of a criminal case, an accused is not  remediless and that would further buttress the above view. [Jagannath Singh v Dr. Ajay Upadyay & anr 2006 Cri LJ 4274; 2006 (5) AIR Bom R held per incuriam]. -  4. Miss Mane appearing for the Applicants submitted that the sanction itself is bad in law inasmuch as the Appellate Authority under the Customs Act has exonerated the Accused. It is well settled that an enquiry under the Customs Act is not a prosecution and, therefore, it cannot be said that the vice of double jeopardy would ever apply to a case of this type.',
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			'judgement' => '<p style="text-align: justify;">H. Suresh, J.</p><p style="text-align: justify;">1. This is an application by Accused Nos. 1 and 2 to have the prosecution against them quashed on the ground that in a Customs enquiry they have been let off.</p><p style="text-align: justify;">2. The brief facts are as follows : On 18th August 1979, the Police Officers of Bhiwandi Police Station accosted the Accused while they were in an Ambassador Car. They were arrested under the Customs Act and a complaint has been filed against them under Section 135(1)(a) and 135(1)(b) punishable under Clause(ii) of Sub-section (1) of Section 135 of the Customs Act. The case has been filed after obtaining a sanction in that behalf on 16th October, 1981. In the meanwhile, in the enquiry proceedings held by the Customs authorities, the Additional Collector of Customs, Bombay, initially imposed a penalty of Rs. 2000/- on each of the Accused. The Accused preferred an Appeal and by an Order dated 11th December, 1981, the Order of imposition of the penalty was set aside and the Appeal was allowed.</p><p style="text-align: justify;">3. Relying on this Order, the Accused made an application before the learned Magistrate at Bhiwandi for quashing the proceedings. The learned Magistrate by his Order dated 15th February, 1985 dismissed the said application. The present application is against the said Order of the learned Magistrate.</p><p style="text-align: justify;">4. Miss Mane appearing for the Applicants submitted that the sanction itself is bad in law inasmuch as the Appellate Authority under the Customs Act has exonerated the Accused. She also submitted that, in any event, since the Accused have been exonerated under the Customs Act and seizure of the goods is not under the Customs Act, the prosecution can not rely on the presumption that is provided under Section 123 of the Customs Act. It is not necessary for me to go into these questions at this stage as all these questions will be considered by the learned Magistrate as and when he proceeds with the case.</p><p style="text-align: justify;">5. The only limited question is whether the learned Magistrate was not right in refusing to grant an application for quashing the proceedings. It is well settled that an enquiry under the Customs Act is not a prosecution and, therefore, it cannot be said that the vice of double jeopardy would ever apply to a case of this type. In the result, I find nothing wrong with the Order passed by the learned Magistrate on 15.2.1985.1, therefore, pass the following order:</p><p style="text-align: justify;">ORDER</p><p style="text-align: justify;">Rule discharged. Stay, if any, granted, stands vacated.<p style="text-align: justify;"></p><p style="text-align: justify;">',
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	(int) 3 => '<p>3. Relying on this Order, the Accused made an application before the learned Magistrate at Bhiwandi for quashing the proceedings. The learned Magistrate by his Order dated 15th February, 1985 dismissed the said application. The present application is against the said Order of the learned Magistrate.',
	(int) 4 => '<p>4. Miss Mane appearing for the Applicants submitted that the sanction itself is bad in law inasmuch as the Appellate Authority under the Customs Act has exonerated the Accused. She also submitted that, in any event, since the Accused have been exonerated under the Customs Act and seizure of the goods is not under the Customs Act, the prosecution can not rely on the presumption that is provided under Section 123 of the Customs Act. It is not necessary for me to go into these questions at this stage as all these questions will be considered by the learned Magistrate as and when he proceeds with the case.',
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2. The brief facts are as follows : On 18th August 1979, the Police Officers of Bhiwandi Police Station accosted the Accused while they were in an Ambassador Car. They were arrested under the Customs Act and a complaint has been filed against them under Section 135(1)(a) and 135(1)(b) punishable under Clause(ii) of Sub-section (1) of Section 135 of the Customs Act. The case has been filed after obtaining a sanction in that behalf on 16th October, 1981. In the meanwhile, in the enquiry proceedings held by the Customs authorities, the Additional Collector of Customs, Bombay, initially imposed a penalty of Rs. 2000/- on each of the Accused. The Accused preferred an Appeal and by an Order dated 11th December, 1981, the Order of imposition of the penalty was set aside and the Appeal was allowed.

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3. Relying on this Order, the Accused made an application before the learned Magistrate at Bhiwandi for quashing the proceedings. The learned Magistrate by his Order dated 15th February, 1985 dismissed the said application. The present application is against the said Order of the learned Magistrate.

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Controller::render() - CORE/Cake/Controller/Controller.php, line 963
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Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167
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4. Miss Mane appearing for the Applicants submitted that the sanction itself is bad in law inasmuch as the Appellate Authority under the Customs Act has exonerated the Accused. She also submitted that, in any event, since the Accused have been exonerated under the Customs Act and seizure of the goods is not under the Customs Act, the prosecution can not rely on the presumption that is provided under Section 123 of the Customs Act. It is not necessary for me to go into these questions at this stage as all these questions will be considered by the learned Magistrate as and when he proceeds with the case.

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Context                                         echo $this->Adsense->display('responsive_rect'); 

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			'casenote' => 'Doable Jeopardy inapplicable as enquiry under Customs Act is not prosecution. - CODE OF CRIMINAL PROCEDURE, 1973 [C.A. No. 2/1974]. Section 41: [ Swatanter Kumar, CJ, Smt Ranjana Desai & D.B. Bhosale, JJ] Arrest of accused - Held, A Police Officer or a person empowered to arrest may arrest a person without intervention of the Court subject to the limitations specified under the provisions of the Code. The provisions of Section 41 of the Code provides for arrest by a Police Officer without an order from a Magistrate and without a warrant. A distinct and different power under Section 44 of the Code empowers the Magistrate to arrest or order any person to arrest the offender. Under Section 44 of the Code, that power is vested in the Court of the Magistrate when an offence is committed in his presence. If the Legislature has taken care of providing such specific power under Section 44 of the Code, then there could be no reason for such a power not to be specified under the provisions of Chapter XII of the Code. In terms of Section 41, a police officer may arrest a person without a warrant or order from the Magistrate for any or all of the conditions specified in that provision. Language of this provision clearly suggested that the Police Officer can arrest a person without an order from the Magistrate. Thus, there appears to be no reason why on the strength of Section 156(3) of the Code, any restriction should be read into the power specifically granted by the legislature to the Police Officer. Of course, freedom  of investigation is the essence of these provisions but  in order to suppress the mischief it is sufficiently indicated under different provisions of the Code that the arresting officer should exercise his power or discretion judiciously and should be free of motive. Some kind of inbuilt safeguard is available to the accused in the cases where the Magistrate directs investigation under Section 156 (3) of the Code by taking recourse to the provisions of Section 438 of the Code by approaching the Court of Session or the High Court for such relief. Thus, during the course of investigation of a criminal case, an accused is not  remediless and that would further buttress the above view. [Jagannath Singh v Dr. Ajay Upadyay & anr 2006 Cri LJ 4274; 2006 (5) AIR Bom R held per incuriam]. -  4. Miss Mane appearing for the Applicants submitted that the sanction itself is bad in law inasmuch as the Appellate Authority under the Customs Act has exonerated the Accused. It is well settled that an enquiry under the Customs Act is not a prosecution and, therefore, it cannot be said that the vice of double jeopardy would ever apply to a case of this type.',
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	(int) 2 => '<p>2. The brief facts are as follows : On 18th August 1979, the Police Officers of Bhiwandi Police Station accosted the Accused while they were in an Ambassador Car. They were arrested under the Customs Act and a complaint has been filed against them under Section 135(1)(a) and 135(1)(b) punishable under Clause(ii) of Sub-section (1) of Section 135 of the Customs Act. The case has been filed after obtaining a sanction in that behalf on 16th October, 1981. In the meanwhile, in the enquiry proceedings held by the Customs authorities, the Additional Collector of Customs, Bombay, initially imposed a penalty of Rs. 2000/- on each of the Accused. The Accused preferred an Appeal and by an Order dated 11th December, 1981, the Order of imposition of the penalty was set aside and the Appeal was allowed.',
	(int) 3 => '<p>3. Relying on this Order, the Accused made an application before the learned Magistrate at Bhiwandi for quashing the proceedings. The learned Magistrate by his Order dated 15th February, 1985 dismissed the said application. The present application is against the said Order of the learned Magistrate.',
	(int) 4 => '<p>4. Miss Mane appearing for the Applicants submitted that the sanction itself is bad in law inasmuch as the Appellate Authority under the Customs Act has exonerated the Accused. She also submitted that, in any event, since the Accused have been exonerated under the Customs Act and seizure of the goods is not under the Customs Act, the prosecution can not rely on the presumption that is provided under Section 123 of the Customs Act. It is not necessary for me to go into these questions at this stage as all these questions will be considered by the learned Magistrate as and when he proceeds with the case.',
	(int) 5 => '<p>5. The only limited question is whether the learned Magistrate was not right in refusing to grant an application for quashing the proceedings. It is well settled that an enquiry under the Customs Act is not a prosecution and, therefore, it cannot be said that the vice of double jeopardy would ever apply to a case of this type. In the result, I find nothing wrong with the Order passed by the learned Magistrate on 15.2.1985.1, therefore, pass the following order:',
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Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200
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5. The only limited question is whether the learned Magistrate was not right in refusing to grant an application for quashing the proceedings. It is well settled that an enquiry under the Customs Act is not a prosecution and, therefore, it cannot be said that the vice of double jeopardy would ever apply to a case of this type. In the result, I find nothing wrong with the Order passed by the learned Magistrate on 15.2.1985.1, therefore, pass the following order:

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			'casenote' => 'Doable Jeopardy inapplicable as enquiry under Customs Act is not prosecution. - CODE OF CRIMINAL PROCEDURE, 1973 [C.A. No. 2/1974]. Section 41: [ Swatanter Kumar, CJ, Smt Ranjana Desai & D.B. Bhosale, JJ] Arrest of accused - Held, A Police Officer or a person empowered to arrest may arrest a person without intervention of the Court subject to the limitations specified under the provisions of the Code. The provisions of Section 41 of the Code provides for arrest by a Police Officer without an order from a Magistrate and without a warrant. A distinct and different power under Section 44 of the Code empowers the Magistrate to arrest or order any person to arrest the offender. Under Section 44 of the Code, that power is vested in the Court of the Magistrate when an offence is committed in his presence. If the Legislature has taken care of providing such specific power under Section 44 of the Code, then there could be no reason for such a power not to be specified under the provisions of Chapter XII of the Code. In terms of Section 41, a police officer may arrest a person without a warrant or order from the Magistrate for any or all of the conditions specified in that provision. Language of this provision clearly suggested that the Police Officer can arrest a person without an order from the Magistrate. Thus, there appears to be no reason why on the strength of Section 156(3) of the Code, any restriction should be read into the power specifically granted by the legislature to the Police Officer. Of course, freedom  of investigation is the essence of these provisions but  in order to suppress the mischief it is sufficiently indicated under different provisions of the Code that the arresting officer should exercise his power or discretion judiciously and should be free of motive. Some kind of inbuilt safeguard is available to the accused in the cases where the Magistrate directs investigation under Section 156 (3) of the Code by taking recourse to the provisions of Section 438 of the Code by approaching the Court of Session or the High Court for such relief. Thus, during the course of investigation of a criminal case, an accused is not  remediless and that would further buttress the above view. [Jagannath Singh v Dr. Ajay Upadyay & anr 2006 Cri LJ 4274; 2006 (5) AIR Bom R held per incuriam]. -  4. Miss Mane appearing for the Applicants submitted that the sanction itself is bad in law inasmuch as the Appellate Authority under the Customs Act has exonerated the Accused. It is well settled that an enquiry under the Customs Act is not a prosecution and, therefore, it cannot be said that the vice of double jeopardy would ever apply to a case of this type.',
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	(int) 3 => '<p>3. Relying on this Order, the Accused made an application before the learned Magistrate at Bhiwandi for quashing the proceedings. The learned Magistrate by his Order dated 15th February, 1985 dismissed the said application. The present application is against the said Order of the learned Magistrate.',
	(int) 4 => '<p>4. Miss Mane appearing for the Applicants submitted that the sanction itself is bad in law inasmuch as the Appellate Authority under the Customs Act has exonerated the Accused. She also submitted that, in any event, since the Accused have been exonerated under the Customs Act and seizure of the goods is not under the Customs Act, the prosecution can not rely on the presumption that is provided under Section 123 of the Customs Act. It is not necessary for me to go into these questions at this stage as all these questions will be considered by the learned Magistrate as and when he proceeds with the case.',
	(int) 5 => '<p>5. The only limited question is whether the learned Magistrate was not right in refusing to grant an application for quashing the proceedings. It is well settled that an enquiry under the Customs Act is not a prosecution and, therefore, it cannot be said that the vice of double jeopardy would ever apply to a case of this type. In the result, I find nothing wrong with the Order passed by the learned Magistrate on 15.2.1985.1, therefore, pass the following order:',
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ORDER

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			'casename' => 'KamaluddIn Mohd. AmIn Siddique Vs. Asstt. Coll. of Customs',
			'casenote' => 'Doable Jeopardy inapplicable as enquiry under Customs Act is not prosecution. - CODE OF CRIMINAL PROCEDURE, 1973 [C.A. No. 2/1974]. Section 41: [ Swatanter Kumar, CJ, Smt Ranjana Desai & D.B. Bhosale, JJ] Arrest of accused - Held, A Police Officer or a person empowered to arrest may arrest a person without intervention of the Court subject to the limitations specified under the provisions of the Code. The provisions of Section 41 of the Code provides for arrest by a Police Officer without an order from a Magistrate and without a warrant. A distinct and different power under Section 44 of the Code empowers the Magistrate to arrest or order any person to arrest the offender. Under Section 44 of the Code, that power is vested in the Court of the Magistrate when an offence is committed in his presence. If the Legislature has taken care of providing such specific power under Section 44 of the Code, then there could be no reason for such a power not to be specified under the provisions of Chapter XII of the Code. In terms of Section 41, a police officer may arrest a person without a warrant or order from the Magistrate for any or all of the conditions specified in that provision. Language of this provision clearly suggested that the Police Officer can arrest a person without an order from the Magistrate. Thus, there appears to be no reason why on the strength of Section 156(3) of the Code, any restriction should be read into the power specifically granted by the legislature to the Police Officer. Of course, freedom  of investigation is the essence of these provisions but  in order to suppress the mischief it is sufficiently indicated under different provisions of the Code that the arresting officer should exercise his power or discretion judiciously and should be free of motive. Some kind of inbuilt safeguard is available to the accused in the cases where the Magistrate directs investigation under Section 156 (3) of the Code by taking recourse to the provisions of Section 438 of the Code by approaching the Court of Session or the High Court for such relief. Thus, during the course of investigation of a criminal case, an accused is not  remediless and that would further buttress the above view. [Jagannath Singh v Dr. Ajay Upadyay & anr 2006 Cri LJ 4274; 2006 (5) AIR Bom R held per incuriam]. -  4. Miss Mane appearing for the Applicants submitted that the sanction itself is bad in law inasmuch as the Appellate Authority under the Customs Act has exonerated the Accused. It is well settled that an enquiry under the Customs Act is not a prosecution and, therefore, it cannot be said that the vice of double jeopardy would ever apply to a case of this type.',
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			'judgement' => '<p style="text-align: justify;">H. Suresh, J.</p><p style="text-align: justify;">1. This is an application by Accused Nos. 1 and 2 to have the prosecution against them quashed on the ground that in a Customs enquiry they have been let off.</p><p style="text-align: justify;">2. The brief facts are as follows : On 18th August 1979, the Police Officers of Bhiwandi Police Station accosted the Accused while they were in an Ambassador Car. They were arrested under the Customs Act and a complaint has been filed against them under Section 135(1)(a) and 135(1)(b) punishable under Clause(ii) of Sub-section (1) of Section 135 of the Customs Act. The case has been filed after obtaining a sanction in that behalf on 16th October, 1981. In the meanwhile, in the enquiry proceedings held by the Customs authorities, the Additional Collector of Customs, Bombay, initially imposed a penalty of Rs. 2000/- on each of the Accused. The Accused preferred an Appeal and by an Order dated 11th December, 1981, the Order of imposition of the penalty was set aside and the Appeal was allowed.</p><p style="text-align: justify;">3. Relying on this Order, the Accused made an application before the learned Magistrate at Bhiwandi for quashing the proceedings. The learned Magistrate by his Order dated 15th February, 1985 dismissed the said application. The present application is against the said Order of the learned Magistrate.</p><p style="text-align: justify;">4. Miss Mane appearing for the Applicants submitted that the sanction itself is bad in law inasmuch as the Appellate Authority under the Customs Act has exonerated the Accused. She also submitted that, in any event, since the Accused have been exonerated under the Customs Act and seizure of the goods is not under the Customs Act, the prosecution can not rely on the presumption that is provided under Section 123 of the Customs Act. It is not necessary for me to go into these questions at this stage as all these questions will be considered by the learned Magistrate as and when he proceeds with the case.</p><p style="text-align: justify;">5. The only limited question is whether the learned Magistrate was not right in refusing to grant an application for quashing the proceedings. It is well settled that an enquiry under the Customs Act is not a prosecution and, therefore, it cannot be said that the vice of double jeopardy would ever apply to a case of this type. In the result, I find nothing wrong with the Order passed by the learned Magistrate on 15.2.1985.1, therefore, pass the following order:</p><p style="text-align: justify;">ORDER</p><p style="text-align: justify;">Rule discharged. Stay, if any, granted, stands vacated.<p style="text-align: justify;"></p><p style="text-align: justify;">',
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	(int) 1 => '<p>1. This is an application by Accused Nos. 1 and 2 to have the prosecution against them quashed on the ground that in a Customs enquiry they have been let off.',
	(int) 2 => '<p>2. The brief facts are as follows : On 18th August 1979, the Police Officers of Bhiwandi Police Station accosted the Accused while they were in an Ambassador Car. They were arrested under the Customs Act and a complaint has been filed against them under Section 135(1)(a) and 135(1)(b) punishable under Clause(ii) of Sub-section (1) of Section 135 of the Customs Act. The case has been filed after obtaining a sanction in that behalf on 16th October, 1981. In the meanwhile, in the enquiry proceedings held by the Customs authorities, the Additional Collector of Customs, Bombay, initially imposed a penalty of Rs. 2000/- on each of the Accused. The Accused preferred an Appeal and by an Order dated 11th December, 1981, the Order of imposition of the penalty was set aside and the Appeal was allowed.',
	(int) 3 => '<p>3. Relying on this Order, the Accused made an application before the learned Magistrate at Bhiwandi for quashing the proceedings. The learned Magistrate by his Order dated 15th February, 1985 dismissed the said application. The present application is against the said Order of the learned Magistrate.',
	(int) 4 => '<p>4. Miss Mane appearing for the Applicants submitted that the sanction itself is bad in law inasmuch as the Appellate Authority under the Customs Act has exonerated the Accused. She also submitted that, in any event, since the Accused have been exonerated under the Customs Act and seizure of the goods is not under the Customs Act, the prosecution can not rely on the presumption that is provided under Section 123 of the Customs Act. It is not necessary for me to go into these questions at this stage as all these questions will be considered by the learned Magistrate as and when he proceeds with the case.',
	(int) 5 => '<p>5. The only limited question is whether the learned Magistrate was not right in refusing to grant an application for quashing the proceedings. It is well settled that an enquiry under the Customs Act is not a prosecution and, therefore, it cannot be said that the vice of double jeopardy would ever apply to a case of this type. In the result, I find nothing wrong with the Order passed by the learned Magistrate on 15.2.1985.1, therefore, pass the following order:',
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	(int) 7 => '<p>Rule discharged. Stay, if any, granted, stands vacated.<p>',
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Rule discharged. Stay, if any, granted, stands vacated.

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			'prhistory' => '',
			'pubs' => '1989(24)ECC40; 1989(22)LC242(Bombay); 1989(41)ELT185(Bom)',
			'ratiodecidendi' => '',
			'respondent' => 'Asstt. Coll. of Customs',
			'sub' => 'Customs',
			'link' => null,
			'circuit' => null
		)
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	'casename_url' => 'kamaluddin-mohd-amin-siddique-vs-asstt-customs',
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		(int) 0 => '359343',
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$title_for_layout = 'Kamaluddin Mohd Amin Siddique Vs Asstt Coll of Customs - Citation 359343 - Court Judgment | '
$desc = array(
	'Judgement' => array(
		'id' => '359343',
		'acts' => '<a href="/act/51922/customs-act-1962-complete-act">Customs Act, 1962</a> - Sections 123 and 135(1)',
		'appealno' => 'Criminal Application No. 952 of 1985',
		'appellant' => 'KamaluddIn Mohd. AmIn Siddique',
		'authreffered' => '',
		'casename' => 'KamaluddIn Mohd. AmIn Siddique Vs. Asstt. Coll. of Customs',
		'casenote' => 'Doable Jeopardy inapplicable as enquiry under Customs Act is not prosecution. - CODE OF CRIMINAL PROCEDURE, 1973 [C.A. No. 2/1974]. Section 41: [ Swatanter Kumar, CJ, Smt Ranjana Desai & D.B. Bhosale, JJ] Arrest of accused - Held, A Police Officer or a person empowered to arrest may arrest a person without intervention of the Court subject to the limitations specified under the provisions of the Code. The provisions of Section 41 of the Code provides for arrest by a Police Officer without an order from a Magistrate and without a warrant. A distinct and different power under Section 44 of the Code empowers the Magistrate to arrest or order any person to arrest the offender. Under Section 44 of the Code, that power is vested in the Court of the Magistrate when an offence is committed in his presence. If the Legislature has taken care of providing such specific power under Section 44 of the Code, then there could be no reason for such a power not to be specified under the provisions of Chapter XII of the Code. In terms of Section 41, a police officer may arrest a person without a warrant or order from the Magistrate for any or all of the conditions specified in that provision. Language of this provision clearly suggested that the Police Officer can arrest a person without an order from the Magistrate. Thus, there appears to be no reason why on the strength of Section 156(3) of the Code, any restriction should be read into the power specifically granted by the legislature to the Police Officer. Of course, freedom  of investigation is the essence of these provisions but  in order to suppress the mischief it is sufficiently indicated under different provisions of the Code that the arresting officer should exercise his power or discretion judiciously and should be free of motive. Some kind of inbuilt safeguard is available to the accused in the cases where the Magistrate directs investigation under Section 156 (3) of the Code by taking recourse to the provisions of Section 438 of the Code by approaching the Court of Session or the High Court for such relief. Thus, during the course of investigation of a criminal case, an accused is not  remediless and that would further buttress the above view. [Jagannath Singh v Dr. Ajay Upadyay & anr 2006 Cri LJ 4274; 2006 (5) AIR Bom R held per incuriam]. -  4. Miss Mane appearing for the Applicants submitted that the sanction itself is bad in law inasmuch as the Appellate Authority under the Customs Act has exonerated the Accused. It is well settled that an enquiry under the Customs Act is not a prosecution and, therefore, it cannot be said that the vice of double jeopardy would ever apply to a case of this type.',
		'caseanalysis' => null,
		'casesref' => '',
		'citingcases' => '',
		'counselplain' => 'Prabha Mane, Adv. for ;Km. S.D. Kolhe, Adv.',
		'counseldef' => 'S.B. Kher and ;C.M. Kothari, Public Prosecutors',
		'court' => 'Mumbai',
		'court_type' => 'HC',
		'decidedon' => '1989-01-12',
		'deposition' => '',
		'favorof' => null,
		'findings' => null,
		'judge' => 'H. Suresh, J.',
		'judgement' => '<p>H. Suresh, J.</p><p>1. This is an application by Accused Nos. 1 and 2 to have the prosecution against them quashed on the ground that in a Customs enquiry they have been let off.</p><p>2. The brief facts are as follows : On 18th August 1979, the Police Officers of Bhiwandi Police Station accosted the Accused while they were in an Ambassador Car. They were arrested under the Customs Act and a complaint has been filed against them under Section 135(1)(a) and 135(1)(b) punishable under Clause(ii) of Sub-section (1) of Section 135 of the Customs Act. The case has been filed after obtaining a sanction in that behalf on 16th October, 1981. In the meanwhile, in the enquiry proceedings held by the Customs authorities, the Additional Collector of Customs, Bombay, initially imposed a penalty of Rs. 2000/- on each of the Accused. The Accused preferred an Appeal and by an Order dated 11th December, 1981, the Order of imposition of the penalty was set aside and the Appeal was allowed.</p><p>3. Relying on this Order, the Accused made an application before the learned Magistrate at Bhiwandi for quashing the proceedings. The learned Magistrate by his Order dated 15th February, 1985 dismissed the said application. The present application is against the said Order of the learned Magistrate.</p><p>4. Miss Mane appearing for the Applicants submitted that the sanction itself is bad in law inasmuch as the Appellate Authority under the Customs Act has exonerated the Accused. She also submitted that, in any event, since the Accused have been exonerated under the Customs Act and seizure of the goods is not under the Customs Act, the prosecution can not rely on the presumption that is provided under Section 123 of the Customs Act. It is not necessary for me to go into these questions at this stage as all these questions will be considered by the learned Magistrate as and when he proceeds with the case.</p><p>5. The only limited question is whether the learned Magistrate was not right in refusing to grant an application for quashing the proceedings. It is well settled that an enquiry under the Customs Act is not a prosecution and, therefore, it cannot be said that the vice of double jeopardy would ever apply to a case of this type. In the result, I find nothing wrong with the Order passed by the learned Magistrate on 15.2.1985.1, therefore, pass the following order:</p><p>ORDER</p><p>Rule discharged. Stay, if any, granted, stands vacated.<p></p><p>',
		'observations' => null,
		'overruledby' => null,
		'prhistory' => '',
		'pubs' => '1989(24)ECC40; 1989(22)LC242(Bombay); 1989(41)ELT185(Bom)',
		'ratiodecidendi' => '',
		'respondent' => 'Asstt. Coll. of Customs',
		'sub' => 'Customs',
		'link' => null,
		'circuit' => null
	)
)
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	(int) 0 => '<p>H. Suresh, J.',
	(int) 1 => '<p>1. This is an application by Accused Nos. 1 and 2 to have the prosecution against them quashed on the ground that in a Customs enquiry they have been let off.',
	(int) 2 => '<p>2. The brief facts are as follows : On 18th August 1979, the Police Officers of Bhiwandi Police Station accosted the Accused while they were in an Ambassador Car. They were arrested under the Customs Act and a complaint has been filed against them under Section 135(1)(a) and 135(1)(b) punishable under Clause(ii) of Sub-section (1) of Section 135 of the Customs Act. The case has been filed after obtaining a sanction in that behalf on 16th October, 1981. In the meanwhile, in the enquiry proceedings held by the Customs authorities, the Additional Collector of Customs, Bombay, initially imposed a penalty of Rs. 2000/- on each of the Accused. The Accused preferred an Appeal and by an Order dated 11th December, 1981, the Order of imposition of the penalty was set aside and the Appeal was allowed.',
	(int) 3 => '<p>3. Relying on this Order, the Accused made an application before the learned Magistrate at Bhiwandi for quashing the proceedings. The learned Magistrate by his Order dated 15th February, 1985 dismissed the said application. The present application is against the said Order of the learned Magistrate.',
	(int) 4 => '<p>4. Miss Mane appearing for the Applicants submitted that the sanction itself is bad in law inasmuch as the Appellate Authority under the Customs Act has exonerated the Accused. She also submitted that, in any event, since the Accused have been exonerated under the Customs Act and seizure of the goods is not under the Customs Act, the prosecution can not rely on the presumption that is provided under Section 123 of the Customs Act. It is not necessary for me to go into these questions at this stage as all these questions will be considered by the learned Magistrate as and when he proceeds with the case.',
	(int) 5 => '<p>5. The only limited question is whether the learned Magistrate was not right in refusing to grant an application for quashing the proceedings. It is well settled that an enquiry under the Customs Act is not a prosecution and, therefore, it cannot be said that the vice of double jeopardy would ever apply to a case of this type. In the result, I find nothing wrong with the Order passed by the learned Magistrate on 15.2.1985.1, therefore, pass the following order:',
	(int) 6 => '<p>ORDER',
	(int) 7 => '<p>Rule discharged. Stay, if any, granted, stands vacated.<p>',
	(int) 8 => '<p>'
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Subject	Customs
Court	Mumbai High Court
Decided On	Jan-12-1989
Case Number	Criminal Application No. 952 of 1985
Judge	H. Suresh, J.
Reported in	1989(24)ECC40; 1989(22)LC242(Bombay); 1989(41)ELT185(Bom)
Acts	Customs Act, 1962 - Sections 123 and 135(1)
Appellant	KamaluddIn Mohd. AmIn Siddique
Respondent	Asstt. Coll. of Customs
Appellant Advocate	Prabha Mane, Adv. for ;Km. S.D. Kolhe, Adv.
Respondent Advocate	S.B. Kher and ;C.M. Kothari, Public Prosecutors

KamaluddIn Mohd. AmIn Siddique Vs. Asstt. Coll. of Customs - Court Judgment