Supreme Court · 1996 INSC 288 · Decided 20 February 1996
Costao Fernandes v. State at the Instance of D.S.P, Cbi, Bombay
- Court
- Supreme Court of India
- Citation
- 1996 INSC 288 · [1996] 2 S.C.R. 868
- Case number
- CRIMINAL APPEAL No. 242/1996
- Decided
- 20 February 1996
- Bench
- G.N. RAY, B.L. HANSARIA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302; Customs Act Section 155, 106
Headnote
Customs Act, 1962-Sections 155 and 106-Protection against criminal trial u/s 155-Considerations for Court-Accused, Custom Officer on official duty as Preventive Officer to look out for smuggling activities-Attempt to stop C a vehicl~Accused received va1ious injwies-Prosecution for causing death of quashed. The appellant, a custom officer had been prosecuted u/s 302 IPC at D the behest of the CBI, as in the scuffie between the appellant official and a suspected smuggler, the smuggler died because of the injuries sustained at the hand of the appellant who had as many as 22 injuries
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