The provisions of Section 137 of the Customs Act, 1962, and Section 197 of the Criminal Procedure Code do not apply to officers of the Customs Department who are not appointed by the Central Government.

1. :- Heard the learned counsel for the parties and examined the impugned order.

2. This is a petition under section 482 Criminal Procedure Code for quashing the charges framed as also the proceedings of criminal case No. 96/90, pending against the petitioner and some others in the court of C.J.M. No.7. Jaipur City, Jaipur.

3. The relevant facts are that during the intervening night of 26-27 January, 1990, a combined preventive party, consisting of some officers of the B.S.F. and of the Customs Department, apprehended one Ratan Kumar Arora smuggling 168.83 kg. of silver without lawful authority. After having apprehended the said Ratan Kumar Arora, the officers of the Custom Department, including the present petitioner, who at that time happened to be working as Superintendent Customs, and certain officers of the B.S.F., brought him to Jaipur as the trial court was located at Jaipur. A police custody remand of the said Ratan Kumar Arora was obtained from the Special Judge (Economic Offences) Raj. Jaipur, during that night and on the grant of such remand in late hours of the night the officers brought Ratan Kumar Arora, accused, to the office of the Customs Department to detain him for the night. Devendra Singh, Customs Inspector, left Ratan Kumar, accused, in the custody of Mahendra Singh and Sohan Lal, Constables, the two co-accused in the present case. He allegedly informed the present petitioner of having left Ratan Kumar in the custody of the said two constables. Ratan Kumar escaped from the lawful custody of the constables during that night. Devendra Singh, Customs Inspector, reported the matter to police whereupon a case for commission of the offences Under sections 227, 223 and 224 Indian Penal Code was registered against Ratan Kumar Arora and aforesaid two constables. The present petitioner was not arrayed as an accused. However, after investigation a police report was submitted for offence under Section 224 Indian Penal Code as against Ratan Kumar Arora, accused, and for offence under Section 223 r.w. Section 120-B Indian Penal Code as against the present petitioner and the aforesaid two constables Sohan Lal and Mahendra Singh. Since Ratan Kumar had not been apprehended and was absconding, the report had been submitted against him under Section 299 Criminal Procedure Code. The learned Magistrate took cognizance of the offence against the present petitioner and Mahendra Singh and Sohan Lal, constables.

4. On 22.12.90 the present petitioner moved an application before the learned Sessions Judge wherein he stated that no cognizance of the offence under Section 223 r.w. Section 224 Indian Penal Code was not prima facie disclosed from the police report and the material, submitted therewith and, therefore, he should be discharged under Section 258 Criminal Procedure Code. The learned trial court held that in so far as the question of applicability of the provisions of Section 197 Criminal Procedure Code were concerned, he cannot reconsider such a plea as he had already taken cognizance of the offence against the petitioner as well. For the other objection as raised by the petitioner the learned Judge held that in the statements of Devendra Singh, Customs Inspector, and other witnesses there was prima facie sufficient evidence to put the petitioner on trial for offence under Section 224 r.w. Section 120-B Indian Penal Code. Holding thus the learned Sessions Judge dismissed petitioner's application under Section 258 Criminal Procedure Code. Hence this petition under Section 482 Criminal Procedure Code.

5. Mr. M.S. Raghav, the learned counsel for the petitioner, has advanced two fold arguments before me. It was urged that since the petitioner is an officer, appointed by the Central Government under Section 4 of the Customs Act, 1962. (the Act), he cannot be prosecuted without a sanction from the Central Government. In this behalf Mr. Raghav referred to the provisions, contained in Section 137 of the Act as also 197 Crimina