COSTAO FERNANDES versus STATE AT THE INSTANCE OF D.S.P, CBI, BOMBAY

COSTAO FERNANDES versus STATE AT THE INSTANCE OF D.S.P, CBI, BOMBAY

The Court held that there was enough material on record to show the appellant was engaged in official work, acting on prior information in preventing smuggling. The injuries sustained were not self-inflicted, and the killing was in self-defence during discharge of official duty under Section 106 of the Customs Act....

Source-derived case information.

Parties
Appellant: Costao Fernandes; Respondent: State at the instance of D.S.P, CBI, Bombay
Jurisdiction
India
Judgment Date
20 February 1996
Procedural Posture
Criminal Appeal / Appeal From Judgment and Order Dated 20.10.95 of the Bombay High Court in Crl.r.a. No. 20 of 1995
Outcome
Appeal allowed; prosecution quashed.
Legal Topics
Protection of Customs Officers, Quashing of Prosecution, Section 155 Customs Act Immunity, Official Duty and Self Defence
Criminal Law Customs Law Protection of Customs Officers Quashing of Prosecution Section 155 Customs Act Immunity Official Duty and Self Defence

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Parties

Costao Fernandes

Appellant

State at the instance of D.S.P, CBI, Bombay

Respondent

Procedural Posture

Criminal Appeal / Appeal From Judgment and Order Dated 20.10.95 of the Bombay High Court in Crl.r.a. No. 20 of 1995

Legal Issues

  1. 1 Whether the appellant, a Customs Officer, is entitled to protection under Section 155 of the Customs Act against criminal prosecution for acts done in discharge of official duty.
  2. 2 Whether the injuries caused and resulting death of a suspected smuggler were in self-defence as part of official duty under Section 106 of the Customs Act.

Ratio Decidendi

The Court held that there was enough material on record to show the appellant was engaged in official work, acting on prior information in preventing smuggling. The injuries sustained were not self-inflicted, and the killing was in self-defence during discharge of official duty under Section 106 of the Customs Act. The prosecution against the appellant is quashed, granting protection under Section 155.

Court Disposition

Appeal allowed; prosecution quashed.

Orders

  • The prosecution against the appellant is quashed.
  • No criminal proceedings shall lie against the appellant under Section 155 of the Customs Act.