JUDGMENT :

Prathiba M. Singh, J.

1. This judgment has been pronounced through video conferencing.

2. The short question that arises in this petition is as to, what is the limitation period for filing a suit for malicious prosecution, against the customs authorities/officials, under the Customs Act, 1962.

Facts

3. The Respondent/Plaintiff was intercepted on 19th November, 2002 by the customs authorities on her arrival from London. She was at the exit gate of the green channel at the IGI Airport, Delhi, when she was intercepted by Defendant No.1 i.e., the Petitioner No.2 in the present case. Upon being intercepted, the officer concerned seized gold/ diamond jewellery worth approximately Rs.1.27 crores from her possession. She was arrested on the same day, produced before the Additional Civil Judicial Magistrate and remanded to judicial custody.

4. The adjudicating authority, vide order dated 14th August 2003, confiscated the gold/diamond jewellery worth Rs.85.52 lakhs. With respect to the remaining jewellery, she was allowed to redeem the same at Rs. 3 lakhs, upon paying a penalty of a sum of Rs.15 lakhs.

5. After the lodging of the FIR, and the charges having been framed, in the trial, the