Supreme Court of India · 1996-02-20
COSTAO FERNANDES vs STATE AT THE INSTANCE OF D.S.P.,CBI,BOMB
- Citation / case number
- SC 1996/818
- Court
- Supreme Court of India
- Petitioner
- COSTAO FERNANDES
- Respondent
- STATE AT THE INSTANCE OF D.S.P.,CBI,BOMB
- Author
- G.N. RAY
- Bench
- G.N. RAY
Judgment text excerpt
The Supreme Court held that under Section 106 of the Customs Act, a Customs Officer is authorized to take necessary actions to stop a vehicle suspected of smuggling, including immobilizing the driver if required. The Court clarified that the officer cannot claim protection under Section 155 of the Customs Act to avoid a criminal trial for causing death during such actions, as the right to private defense must be evaluated during the trial based on evidence. The judgment emphasizes that the powers granted to Customs Officers are not limited to merely stopping the vehicle but extend to ensuring compliance with their duties under the Act.