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TMI Blog2011 (1) TMI 1433X X X X Extracts X X X X X X X X Extracts X X X X ..... ndent. [Judgment] . - By this Revision Petition the petitioner has assailed order dated 1st June, 2010, whereby learned Additional Chief Metropolitan Magistrate (ACMM) discharged the accused. 2. The order of learned ACMM makes interesting reading. The ACMM observed as under : "It may not be necessary to call the sanctioning authority to cl (sic) in the witness box but it must be proved that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accord sanction for prosecution on the basis of facts placed before it by the department and this much general knowledge and common sense has to be considered available with the learned ACMM, but alas; it was absent. The attitude of ACMM is also surprising. If sanctioning authority has mentioned all the facts before according sanction that is being branded as non-application of mind. 3. I a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ersons recorded under Section 108 of the Customs Act, there is no material brought on record against either of the accused. There is even no investigation on the point how the goods were allegedly exported. Who were the officers posted at the Customs Port at the relevant time when the goods were exported. How the goods were cleared by the Customs Officers. Those officers were very important clue a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e that the culprit are punished, the learned ACMM seemed to have acted more like a Clerk than like a Judge and was happy in discharging everybody on the ground that there was no investigation on the point how the goods were allegedly exported, who were the officers posted at Customs Port at the relevant time and what goods were exported. 5. No doubt, we follow adversorial system of prosecuti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its judgment dated 25th October, 2010 delivered in the Crl. Rev. P. No. 305 of 2010, Directorate of Revenue Intelligence v. Mohd. Anwar [2011 (263) E.L.T. 513 (Del.)] and the order was set aside. The order dated 1st June, 2010 passed by learned ACMM being patently illegal and contrary to record is hereby set aside. 7. The parties are directed to appear before the Court of ACMM on 15th Januar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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