1. Heard learned counsel for the parties.

2. The petitioners seek quashing of the entire prosecution with respect to Special Case No. 4 of 2003 arising out of C.B.I./ACB PS. Case No. RC PAT 2003A 003 dated 28.2.2003 as well as the order dated 27.10.2005 passed by the Commissioner of Customs, Patna whereby the sanction of prosecution has been granted and also the order taking cognizance dated 19.12.2005 passed by the Special Judge, C.B.I., North Bihar, Patna, by which cognizance of offence has been taken under Sections 120B, 406, 409, 467, 468, 471 and 201 of the Indian Penal Code and Sec. 13(1)(c) read with Sec. 13(2) of the Prevention of Corruption Act, 1988.

3. The allegation against these petitioners is that the petitioner, Om Prakash, the then Inspector of Customs, Farbesganj in connivance with petitioner, Anil Kumar Prasad and Swatantra Kumar, the then Assistant Commissioner and other accused persons by abusing their position as public servant during the year 1998 entered into criminal conspiracy for substituting seized high value silk cloth with low value polyester cloth fraudulently and dishonestly and which was subsequently disposed of unauthorisedly by manufacturin