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Latest › Bombay High Court › Criminal › Cheque Bounce & Economic Offences › 1 October 2026

Bombay High Court Notable

Bombay HC at Goa quashes cognizance in Customs corruption case taken without prior sanction under the PC Act

Court
High Court of Bombay
Date of judgment
1 October 2026
Case
CRIR/208/2026
Parties
CHARUDATTA MADHUKAR OZARKAR Vs THE STATE OF MAHARASHTRA TO BE SERVED THROUGH CBI/ACB/GOA THROUGH PUBLIC PROSECUTOR HIGH COURT GOA
Bench
Valmiki Menezes
Outcome
Dismissed

Summary

The High Court of Bombay at Goa has quashed the order taking cognizance of corruption and conspiracy charges against an Assistant Commissioner of Customs and three others, holding that the Special Judge had no jurisdiction to take cognizance without a prior sanction. Justice Valmiki Menezes also held that, on the material in the CBI's chargesheet, no offence under Sections 7 and 13 of the Prevention of Corruption Act, 1988 was prima facie made out, so there was no point in sending the matter back to the trial court. The accused stand discharged.

The CBI alleged that between 2017 and 2019 Accused No. 1, then Assistant Commissioner of Customs, Goa, conspired with a private person, Accused No. 2, to defraud the Customs Department. He allegedly issued 114 work orders for furniture, electrical and renovation work at the Customs House, 80 of them without following the tender procedure, to four fictitious firms floated by Accused No. 2. Accused Nos. 3 and 4, employees of Accused No. 2, allegedly created forged documents to open bank accounts and obtain the work orders.

The Special Judge, South Goa at Margao, took cognizance on 29 April 2022 without any sanction under Section 19 of the Act. Sanction was granted on 5 May 2022, limited to the Act, and produced on 1 June 2022. By an order of 10 November 2023, the Special Judge discharged Accused Nos. 1, 2 and 4 of the IPC offences but directed a charge under the Act, and discharged Accused No. 3 completely. Three accused and the State challenged this.

The question before the court

What each side argued

The court's decision

On sanction, the Court noted that Accused No. 1, as a public servant, could be prosecuted under the Act only with a Section 19 sanction. On the date of cognizance there was none, and the sanction filed on 1 June 2022 came later. The order taking cognizance of 29 April 2022 was therefore without jurisdiction, and so was the order directing a charge under the Act. Applying the Supreme Court's decisions in State of Goa v. Babu Thomas and Nanjappa v. State of Karnataka, the Court held that cognizance taken without a valid sanction is cognizance without jurisdiction.

The sanction of 5 May 2022 covered only the Act, and there was no Section 197 sanction for the IPC offences. The State's argument that the Section 19 sanction should be treated as a Section 197 sanction was rejected. Because Accused Nos. 2 to 4 were roped in as co-conspirators with Accused No. 1, the facts against them were so related to his that, once he could not be charged, cognizance against them had to fall as well.

The Court then considered whether to follow Shivendranath Verma v. Union of India and let the trial court look at the chargesheet again in light of the later sanction. It declined, because the chargesheet itself would not support cognizance. Accused No. 1 was one member of a Purchase Committee, yet the other members, all Superintendents, were not made accused. The Commissioner of Customs, who took the final purchase decision, was neither made an accused nor examined, and the chargesheet cited no statement of pressure by Accused No. 1 on the other members. There was no imputation of participation against Accused No. 3. For Accused No. 4, the allegation that she opened an account to help submit quotations did not establish a conspiracy. None of the offences under Sections 7 and 13 was prima facie made out, and the case was bound to fail.

Order: The revision applications of Accused Nos. 1, 2 and 4 (Nos. 8 of 2024, 208 of 2026 and 207 of 2026) were allowed. The order taking cognizance of the offences under Sections 7 and 13(2) read with 13(1)(d) of the Act and Sections 120-B read with 420, 468 and 471 of the IPC was quashed and they were discharged. The State's revision (No. 209 of 2026) was dismissed and the discharge of Accused No. 3 was confirmed.

Precedents referred to

Provisions referred to

Read the full judgment (PDF) ↗

Official source: High Court of Bombay. The PDF above is a copy from an open dataset of the court's public records.

This summary is prepared for general assistance only. It may contain errors and is not legal advice — rely on the full judgment.

CorruptionPrevention Of Corruption ActSanction For ProsecutionCriminal Procedure

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