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february 1996

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.

COSTAO FERNANDES vs STATE AT THE INSTANCE OF D.S.P.,CBI,BOMB · Niyam