Home Case Index All Cases Customs Customs + HC Customs - 2023 (11) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (11) TMI 1065 - HC - CustomsPrinciples of natural justice - impugned complaint for the alleged commission of the offences punishable under Sections 135(1)(a), 135(1)(b) and 135(1)(c) read with 135(1)(i)(A) of the Customs Act, 1962, passed in a mechanical manner, without observing any reasons - summoning order passed without giving any reasons for the same - HELD THAT:- Considering the contentions raised by the learned senior counsel appearing for the petitioner, especially the fact that the summoning order has been passed without giving any reasons for the same, this Court is of the opinion that prima facie, the matter requires consideration. Further, in the opinion of this Court, considering that the petitioner has been exonerated by the learned CESTAT on the same set of facts and this fact has not been disclosed before the learned Trial Court, the petitioner herein has been able to make out a case for grant of interim protection. Accordingly, the operation of the impugned order passed by the Ld. Additional Chief Metropolitan Magistrate - 01, Patiala House Courts, New Delhi in Ct. Cases No. 2012/2022 and all proceedings emanating therefrom pending before the ACMM-01, shall remain stayed qua the petitioner, till the next date of hearing - Accordingly, renotify on 21.02.2024.
|