proceedings are likely to be initiated against the detenu under the
Customs Act, 1962 and therefore, the show cause notice issued to
the detenu ... Court has
taken the view that the sanction under Section 137 of the Customs
Act to prosecute the detenu by a competent criminal court
against 6 persons on the complaint received from the Additional Collector of
Customs, Chennai, reporting unauthorised export of goods on forged documents
which has come ... 137 (1) of the Customs Act, 1962, the Commissioner of Customs accorded
sanction to prosecute Balasubramanian (A-1) and Nandagopal (A-2) for their act
that the accused had neither knowledge nor belief under Section 135(b) of the Customs Act.
4. Mr Pradip Kumar Ghosh, learned Advocate appearing ... Section 137 that no court shall take cognizance of any offence except with the previous sanction of the Collector of Customs. The Customs Act
Thereafter, it is alleged that applicant in his statement under
Section 108 of Customs Act recorded on 20.12.2022 admitted that
earlier, on seven occasions ... also stated that all the offences under Customs Act are compoundable in
nature as per Section 137(3) of the Act.
4. Per contra, learned
Customs Act, 1962 , the applicant was first called
for the purpose of inquiry and thereafter arrested under section 104
of the Customs Act. He emphasized ... cognizable
offences for which he made reference to sections 137 and 135 of
Customs Act, 1962 and submitted that purpose for which applicant was
arrested
The Trial And Punishment Of Social And Economic Offences
LAW COMMISSION
OF INDIA
FORTY-SEVENTH
& Anrs., 2015 (Vii) Slt 554 (10) ... vs . Cbi, 2011(3) Cc on 15 January
that the
accused had not given any statement voluntarily u/s 108
of Customs Act and that the evidence brought on record
by the prosecution ... offence and had been, therefore, satisfied that
the sanction u/s 137 of the Customs Act had been given and that
the said order
accused person forwarded to the Magistrate" under sub-section (1) of Section 167 because he is not a person who has been sent ... Customs Act a complaint in writing is required to be lodged after obtaining the requisite sanction, having regard to the provision contained in Section 137
Virbhadra Singh & Anr vs Enforcement Directorate & Anr on 3 July, 2017
Author: R
