Home Case Index All Cases Customs Customs + HC Customs - 2019 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (3) TMI 1875 - HC - CustomsDFIA Scheme - fraudulent export of garments to Dubai - exoneration of the petitioner by the adjudicating authority - criminal prosecution launched against petitioner on the same set of facts - prosecution of the petitioner for the alleged offence - relief under section 482 of Cr.PC. Whether on account of exoneration of the petitioner by the adjudicating authority, criminal prosecution launched against petitioner on the same set of facts and circumstances can be allowed to continue? - HELD THAT:- The Tribunal was of the opinion that there was absolute lack of material tangible evidence against the petitioner and whatever documentary evidence collected by the Department did not conclusively link the petitioner to the alleged offence. The Tribunal was of the opinion that solely on the basis of uncorroborated confession of the co-accused, petitioner cannot be found guilty of the alleged offences and consequently the Tribunal set aside the penalty imposed on the petitioner. It is borne on record that as against the order of the Tribunal, the Commissioner of Customs preferred an appeal before this Court in CSTA No. 8/2016. The said appeal was dismissed as withdrawn - Since the petitioner is exonerated on merits on the very same set of facts and is held innocent by the adjudicating authority, in my view, criminal prosecution on the same set of facts and circumstances, cannot be allowed to be continued, on the underlying principle of 'higher standard of proof' in criminal cases. Therefore, solely on this ground, the proceedings initiated against petitioner are liable to be quashed - question is answered in favour of the petitioner. Whether respondent has made out sufficient grounds for prosecution of the petitioner for the alleged offence? - HELD THAT:- In the case in hand, except the confession of the coaccused, the prosecution has not rested its case on any other piece of evidence to bring home the guilt of the accused. Under the said circumstances, the prosecution of the accused person solely on the basis of the statement of the co-accused that too in the backdrop of exoneration of the petitioner in the adjudication proceedings, in my view, the material produced by the prosecution is not sufficient to proceed against the petitioner for the alleged offence - issue is also answered in favour of the petitioner. Whether petitioner is entitled for the relief under section 482 of Cr.PC? - HELD THAT:- No doubt, the records indicate that the warrant issued against the petitioner has remained unexecuted. Having regard to the overall facts and circumstances of the case, in my view, it is not proper to deny the relief to the petitioner solely on the ground that he has failed to surrender himself before the criminal Court. As I have come to the conclusion that the material collected by the investigating agency prima facie are not sufficient to make out a ground for prosecution of the petitioner for the offences charged against him, in my view, the petitioner cannot be denied the relief under Section 482 of Cr.P.C. - the prosecution initiated against the petitioner deserves to be quashed. Petition allowed.
|