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2023 (1) TMI 1360 - HC - CustomsApplication for discharge under Section 245(2) of Cr.P.C. - learned Magistrate dismissed the application for discharge stating that the various contentions raised by the petitioners-accused can be considered after full-fledged trial, and the same was confirmed by the learned Sessions Judge - HELD THAT:- At para 4 of the complaint lodged by the respondent, it is alleged that the petitioners accused by making use of the fabricated purchase orders have availed the benefits under the Notification No. 21/2002-Cus dated 1.03.2002. However, along with the complaint, the respondent has not placed any material to substantiate the allegations that the petitioners accused by making use of the fabricated purchase orders availed the benefit under the said notification. More so in the backdrop that the alleged fabricated documents were seized from the office of the accused, which implies that, the said documents were not made use of for claiming the benefits. Hence, in the absence of any material the cognizance taken by the learned Magistrate is impermissible. The continuation of the criminal proceedings against the petitioners-accused will be an abuse of process of law, since the probability of the conviction of the petitioners-accused is remote and bleak. The impugned proceedings on the file of The Special Court for Economic Offences, Bengaluru, is hereby quashed - Criminal petition is allowed.
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