Introduction:

In the case of Rakesh Mandola & Anr. v. State of Rajasthan, the Rajasthan High Court quashed criminal proceedings against customs officers accused of assaulting and causing grievous hurt to a complainant during interrogation. The court ruled that the absence of prior sanction under Section 197 of the Code of Criminal Procedure (CrPC) rendered the prosecution invalid. The judgment underscored that even when public officials exceed their authority, their actions remain within the broader purview of their official responsibilities, thereby necessitating prior government sanction for prosecution.

Arguments of Both Sides:

The petitioners, represented by Advocate Nishant Bora, contended that the allegations pertained to acts performed in the course of their official duty as customs officers, and thus, they were protected under Section 197 CrPC. They relied on Supreme Court precedents, including Sankaran Moitra v. Sadhna Das & Ors. and State of Orissa v. Ganesh Chandra Jew, to argue that even excessive use of power, if connected to official duties, mandates prior sanction for prosecution. The respondents, represented by Hanuman Prajapati and Abhishek Puro, opposed the petition, asserting that the officials had acted beyond their jurisdiction by allegedly torturing the complainant.

Judgement:

The bench of Justice Manoj Kumar Garg ruled that while the officers may have exceeded their powers, their actions were still tied to their official duties. Citing the Supreme Court’s observation that an act performed more than duty does not necessarily disconnect it from official functions, the court emphasised that the petitioners could not be prosecuted without the requisite sanction. Consequently, the proceedings against the customs officers were quashed.