Home Case Index All Cases Central Excise Central Excise + SC Central Excise - 1976 (12) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
1976 (12) TMI 182 - SC - Central ExciseWhether cognizance of an offence punishable under Section 34 could not be taken by a Magistrate "except on his own knowledge or suspicion or on the complaint or report of an excise officer"? Held that:- The High Court as well as the Court of Sessions, were therefore, clearly in error in affirming the order made by the learned Judicial Magistrate and it must be held that the charge-sheet was validly filed before the learned Judicial Magistrate by the police and the Judicial Magistrate was entitled to take cognizance of the offence on the basis of such charge-sheet. We accordingly allow the appeal, set aside the orders made by the learned Judicial Magistrate, Sessions Judge and the High Court and remand the case to the Judicial Magistrate with a direction to him to deal with the charge-sheet filed by .the police in accordance with law in the light of the observations contained in this judgment.
|