The Delhi High Court held that the provisions of the Customs Act not applicable for a suit for Malicious Prosecution.
The Respondent/Plaintiff, Pushpa L.Tolani was acquitted on 11th April 2007 for the charges framed under the Customs Act, 1962 for carrying the gold worth Rs.1.27 crores from London.
Post her acquittal by the Sessions Judge on 11th April 2007, the Plaintiff/ Respondent, on 4th December 2007 is stated to have issued notice under Section 155(2) of the Customs Act to Defendant, in order to claim damages and other reliefs for malicious prosecution, in a suit, which was to be filed by her.
The said suit for malicious prosecution was filed by her on 11th April 2008. The registry raised certain objections to the said filing, and hence the same was refiled on 18th July 2008, with some delay.
In the suit, the issue of limitation has now been adjudicated by the Trial Court and vide the impugned judgment dated 10th September 2018, the issue of limitation has been decided against the Defendants and in favour of the Plaintiff in the suit.
The issue raised in this case was in respect of the limitation period for filing a suit for malicious prosecution, against the customs authorities/officials, under the Customs Act, 1962.
The Single Judge Bench of Justice Pratibha M.Singh noted that the limitation, under Section 3 of the Limitation Act read with Entry 74 of the Schedule would commence only on 12th April 2008. The suit for malicious prosecution in the present case, having been filed on 11th April 2008 which is within the period of one year, is therefore well within the limitation prescribed under the Limitation Act, 1963.
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