TMI Blog2007 (8) TMI 181X X X X Extracts X X X X X X X X Extracts X X X X ..... d which resulted in seizure of imported fabric, in respect whereof documents of legal import were not available. Names surfaced of Annapoorna Textiles and Aaditya Trading Company the stated sole proprietory firms of Anil Jatia and Mahabir Prasad the petitioners of Crl. M.C.Nos. 4255/2006 and 6404/2006 respectively. It is alleged that out of 206 bails in the godown, 136 bails were accounted for under bill of entry 70 bails could not be accounted for. According to the complaint the goods in the godown were stated by the transporter to be belonging to Aaditya Trading Company. It was further stated that Annapoorna Textiles, the sole proprietory firm of Anil Jatia had acted as the purported importer. 3. Petitioners filed applications prayin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lity to continue with proceedings where a higher standard of proof has to be reached. 6. The decision of the Supreme Court in Standard Chartered Bank's case was considered and interpreted by a learned Single Judge of this court in the decision reported as Sunil Gulati v. R.K.Vohra 2007 (1) JCC 220. 7. The learned Single Judge, after noticing various judgments referred to in Standard Chartered Bank's case, opined that though seemingly there was a facial conflict in the different strands of reasoning, yet on deeper analysis, it was apparent that it was one thing to say that two proceedings could be maintained as a matter of law, but entirely another to say that after suffering an adjudication order on the same facts, the depar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n its own merits in accordance with law, uninhibited by the findings of the Tribunal. It is because of the reason that in so far as criminal action is concerned, it has to be proved as per the strict standards fixed for criminal cases before the criminal court by producing necessary evidence. 4. In case converse situation namely where the accused persons are exonerated by the competent authorities/Tribunal in adjudication proceedings, one will have to see that reasons for such exoneration to determine whether these criminal proceedings could still continue. If the exoneration in departmental adjudication is on the technical ground or by giving benefit of doubt and not on merits or the adjudication proceedings were on different facts, it w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , order of confiscation could not be sustained. Thereafter, merits of the controversy has been considered. Learned counsel for the petitioner concedes that inextracibly linked in said discussion is the non-admissibility of certain evidence on the ground that it was procured behind the back of the accused. 11. Unfortunately, the learned Metropolitan Magistrate has short circuited the issue by holding that in view of the decision of the Supreme Court in Standard Chartered Bank's case, the complaint was maintainable. 12. Learned Metropolitan Magistrate failed to consider that the issue was not of the power to file a complaint, the issue was whether in view of the order passed by CEGAT, any useful purpose would be served in continu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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