Intentionally, Voluntarily | The Last Word

It may be necessary to have a look at Section 133 of The Customs Act, 1962 which is analogous to Section 186 of The Indian Penal Code, 1860. In our considered opinion, the expression ‘intentionally’ used in Section 133 and the expression ‘voluntarily’ used in Section 186 connote the same meaning.

Court while construing the expression ‘obstruction’ used in Section 133 held, “It can be said, ‘obstruction’ is not confined to ‘physical obstruction’ and it includes anything which makes it more difficult for the Police or Public Servant to carry out their duties” [Collector of Customs and Central Excise v. Paradip Port Trust, (1990) 4 SCC 250].

We hold, the expression ‘obstruction’ used in Section 186 is not confined to ‘physical obstruction’. It need not necessarily be an act of use of criminal force. Any act of causing impediment by unlawfully preventing a Public Servant in discharge of his functions would be enough to attract Section 186.

– Hon’ble Justice J.B. Pardiwala, Devendra Kumar v. State (NCT of Delhi), [Special Leave Petition (Criminal) No. 12373 of 2025].