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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.Suresh Kumar, K.Kumaresh Babu
S.Gugan – Appellant
Versus
Commissioner of Customs Sea Import / Vigilance - CHI-VIII – Respondent
JUDGMENT :
R.SURESH KUMAR, J.
This Intra Court Appeal arise out of the order of the writ court, dated 26.04.2018 made in W.P.No.3208 of 2018.
2. The short facts which are required to be noticed for the disposal of this writ appeal reads thus :
(i) That the appellant was working as an Examiner in the Customs Department. Due to a alleged mis-declaration of goods where the goods were fully fitted Air Conditioner, whereas it has been declared as part of the Air Conditioner and imported to India through Chennai Port, there had been a revenue loss to the exchequer of the Customs Department.
(ii) The appellant being the Examiner along with few other officials who, according to the Department, had been instrumental for such a mis- declaration to happen as they have not properly examined or evaluated thereby it led to loss of exchequer. Therefore the Department decided to launch a prosecution against those officials including the appellant.
(iii) Therefore the Department wanted to get a sanction order under Section 19 (1)(c) of the Prevention of Corruption Act, 1988 from the competent authority namely the Commissioner of Customs Import (Sea Port).
(iv) Such a sanction order for prosecution had be
Intra Court Appeals arising from orders passed in criminal jurisdiction by a Single Judge are not maintainable under Clause 15 of the Letters Patent.
The maintainability of intra-court appeals concerning orders made in criminal jurisdiction under Clause 15 of the Letters Patent is established as not permissible, emphasizing the nature of the proce....
The nature of the proceeding and the relief sought determine the jurisdiction, and the maintainability of the appeal depends on the understanding of the order passed by the learned Single Judge.
The court cannot decide on the importance or complexity of a case without considering the merits of the connected petitions.
The appeal from an order passed by a single judge under the writ jurisdiction, disposing finally a criminal case, is prohibited due to the specific bar of section 362 of the Criminal Procedure Code (....
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