JUDGMENT - PALKAR A.B., J.:---Both the petitions are being disposed of by common order as issues of law and fact involved are same.

2. These petitions are filed by Union of India through officers of customs whose names are also mentioned in the petition as petitioners and one of whom has verified the petition. Custom Officers who are accused in different criminal cases instituted against them by the respondents are also described as petitioners are public servant within the meaning of section 21 of I.P.C.

3. At the relevant time i.e. in the year 1985-86 petitioners were working as officer in the Department of Customs and were stationed at the Sahar International Airport, Air Intelligence Unit. The petitioners 1, 2 and 5 were working as Preventing Officers of the Customs whereas petitioner No. 3 was member of Indian Customs and Central Excise, Service Group A petitioner No. 3 was working as Assistant Commissioner of Custom at the relevant time and at present he is working as Member of Indian Customs and Central Excise Service Group A. Petitioners Nos. 4 and 6 were working as Superintendent of Custom in Air Intelligence Unit and have retired in 1987 and in February, 2001 respectively.

4. On 27-11-1985 on prior information received from Air Intelligence Security Staff, the Customs Intelligence Officer on duty at Sahar Air Port intercepted two Air India Leaders by name Shri Balkrishnan and Shri Motiram Devram Tahsildar, who are original complainants. Balkrishnan is respondent in one petition and he has filed one complaint. Tahsildar had also filed complaint. However, that complaint has been dismissed. Balkrishnan and Tahsildar were trying to remove some cargo in a cardboard cartoon from a container which had arrived in Mumbai from Singapore, after breaking open the seal. They had offered some money to the watchman in order to allow them to open cargo and take away the contents thereof. But the watchman did not oblige the leaders. The officers of the Customs, Air Intelligence Unit with the assistance of the Security Staff of the Air India, intercepted them. They were examined in presence of Panchas. The brief case was opened and was found two contain 250 Gold Bars (29 Kgs.) of 10 Tolas each of foreign origin valued at Rs. 63.69 lacs in 1986 and today the value of which will be 10 times or more. The Gold Bars were seized under the panchanama. During their interrogation, it was revealed that said brief case was being removed at the instance of one L.P. Gaur, Senior Security Officer of Air India for monetary consideration. Shri L.P. Gaur is respondent No. 2 in Petition No. 311 and as he has filed one of the complaint against the Custom Officers. Disclosures made by Tahsildar and Balkrishnan showed that they were to carry the said cartoon on a trolley to the Mail Section of the Air India situated at Cargo Complex from where Shri L.P. Gaur was to remove the said cartoon in his official jeep. Consequently, Gaur was traced at his residence and was brought to the Office of Customs, Air Intelligence Unit for interrogation on the same day. The statements of all of them were recorded under section 108 of the Customs Act, wherein they admitted their guilt and role played by them in the smuggling of the seized goods. It was also revealed in their statements that earlier on about 3 occasions they had removed gold for monetary consideration at the instance of Shri L.P. Gaur and Gaur used to stand with his office jeep near Mail Section where they would put the packages in the office jeep of Shri Gaur. The leaders as well as Gaur were arrested on 29-11-1985 and after recording their statement they were produced before the Additional Chief Metropolitan Magistrate, Esplanade, Mumbai. They were granted bail and were subsequently prosecuted in three different criminal cases for the offences under section 135(1)(a) and 135(1)(b) of Customs Act punishable under section 135(1)(i) of the said Act and also under section 5(a) of the Import and Export Control Ac

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