Home Case Index All Cases Customs Customs + HC Customs - 2009 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2009 (8) TMI 231 - HC - CustomsProsecution - Tribunal, New Delhi, exonerated the petitioner of the allegation made against him by the respondents – For want of any reliable evidence against appellant, the impugned order of Commissioner of Customs imposing penalty, was set aside by tribunal - In this case, discharge of accused has been sought on the ground that the accused has been exonerated in the adjudication proceedings by the CEGAT. Hence, the accused may be discharged in the present criminal complaint also. – case involving seqzure of foreign currency from shoe soles – Statement by main accuesed not proves that petitioner gave foreign exchange to him – precedent decisions holding that prosecution not sustainable when relief provided to person concerned on merits in departmental adjudication - once the adjudicatory proceedings exonerates the petitioner then there is no reason for continuing with the criminal complaint. – Hence proceedings in criminal complaint quashed - Costs of Rs. 25,000/- is also imposed upon the respondents-DRI to be paid to the petitioner.
|