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2010 (2) TMI 515 - HC - CustomsCriminal proceedings – prosecution – non executive director – Held that: - The only role played by a non-executive Director like the Petitioner, who was a salaried person is of the signing of the documents and more particularly, a form and the power of attorney. However, the Adjudicating Authority has observed that this much is not enough to saddle him with a penalty and by referring to the entire transaction - Tribunal has turned down the pleas of the department – criminal proceedings can not continue in such case - allowing the Criminal Prosecution to continue against the Petitioner would be an undue harassment and abuse of process of the Court. For securing the ends of justice, this criminal prosecution must be quashed as against the Petitioner
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