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2018 (6) TMI 1498 - HC - CustomsValidity of Criminal Prosecution against petitioner - case of petitioner is that in absence of any departmental proceedings, prosecution of the present petitioner cannot be continued - Held that:- The fact remains that criminal prosecution of the petitioner is based on some departmental proceedings which were formed to be basis for taking out Customs Appeal before the Division Bench of this Court which already stood withdrawn upon the request of the Revenue as is apparent from the order dated 10-4-2017 - Once the basis for such prosecution being departmental proceedings have already come to an end in favour of the petitioner and against Revenue. The prosecution initiated against the petitioner in Criminal Complaint No. 43/S/2013 pending on the file of Chief Metropolitan Magistrate, Esplanade, Mumbai needs to be quashed - petition allowed.
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