Home Case Index All Cases Customs Customs + HC Customs - 2008 (1) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2008 (1) TMI 399 - HC - CustomsProsecution - quashing of a criminal complaint under Sections 132 and 135(1)(a) of the Customs Act, 1962 seeked - Held that:- The petitioners could have approached the compounding authority also for compounding of the offences for which they were being prosecuted even after they had approached the Settlement Commission from which they had got the relief of immunity from penalty and fine. The petitioners, however, did not avail of this remedy available to them under the aforesaid Rules of 2005 and, therefore, the present petition under Section 482 Cr.P.C. will have to be dismissed because of the failure of the petitioners to avail of the statutory remedy available to them under the Act for seeking compounding of the offences for which they are being prosecuted. As far as the plea of the petitioners that the Court at Delhi had no territorial jurisdiction to entertain the complaint against the petitioners is concerned the same can be very well urged before the trial Court where the complaint is pending trial since the plea of the Department is that final destination of the goods imported by the petitioners at undervalued prices was Delhi. In view of these rival factual stands from both the sides this question cannot be determined in the present petition under Section 482 Cr.P.C. So, on this ground also the petitioners cannot succeed in this petition.
|