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Criminal Procedure Code (V of 1898), S. 197---Sanction to prosecute-Complaint against Government servants for assaulting complainant, while in custody, with threats. kicks, cane, and butt of gun with intent to secure confession, or any information leading to detection of offence-Trial Court's order that accused being Government servants were protected under S. 197, Cr. P. C. and issuing letter to accused's nicer to accord or secure sanction for prosecution-Necessity of sanction to prosecute, held, arises only when impugned act done in performance of official duties and trial Court reaches an affirmative conclusion on point Trial Court's order seeking permission for accused's prosecution set aside and trial Court directed to determine whether offences, if any, were committed by accused while engaged at relevant time in discharge of their official duties and whether all, or any one of them, not removable from office save by sanction of Government Penal Code (XLV of 1860), Ss. 220 & 230/120-B and Sea Customs Act (VIII of 1878), S. 167(81). Syed Ahmad v. The State P L D 1958 S C (Pak.) 32 rel. Sakuntala Bai v. Venkatakrishna Reddi A I R 1952 Mad. 667 ; R. C. Pollard v. Satya Gopal Mazumdar A I R 1943 Cal. 594 ; S. M. H. Rizvi v. Abdus Salam and another P L D 1960 S C 358 ; Shree Kantiah Ramayya Munipalli and another v. State of Bombay A I R 1955 S C 287 ; Dr. Hori Ram Singh v. Emperor A I R 1939 F C 43 ; Matajog Dobey and others v. H. C. Bhari and others P L D 1957 S C (Ind.) 160 ; Iqbal Husain Siddiqui and 2 others v. State 1970 S C M R 726 and Matiur Rahman Diwan v. State P L D 1958 S C (Pak.) 27 discussed. JUDGMENT The petitioner has applied to this Court under section 439, Cr. P. C. for setting aside the orders dated 3rd, 5th and 7th October 1968, of the learned Additional District Magistrate, Karachi. 2. In brief the facts are that the petitioner was taken from his house by respondents 1 and 2 on 11th July 1968 at 10 a. m. to the Customs House, Karachi, in connection with the case registered on the same day under section 167 (81) of the Sea Customs Act. Soon after he was brought to the Customs House, his house was searched. His…