TMI Blog1994 (9) TMI 356X X X X Extracts X X X X X X X X Extracts X X X X ..... 28.11.1992 as well as order of summoning of even date, pending before the Chief Judicial Magistrate, Faridabad. 2. In brief, the facts as set out in the petition are that petitioners are engaged in the manufacture of Black Rose Kali Mehndi, Rose Herbal Shikakai Powder and Red Rose Henna Mehndi Power (for use in hair). This product, according to the complainant, is classified under sub-head 33 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. On 22.11.1990, a search was conducted at the premises of the petitioners, and on physical verification and necessary enquiries, the complainant found the petitioners to have violated the provisions of notification dated 5.5.1983. Two separate proceedings were initiated against the petitioners; one for imposition of penalty and the other one for prosecution of the petitioners. Accordingly, c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... file complaint against the petitioners. In answer to the submissions made by counsel for the petitioners, counsel appearing for the respondents contended that petitioners have rightly been proceeded against under Section 9 of the 1944 Act, as the petitioner had not paid the duty in accordance with the Rules and the notification. 4. After hearing learned Counsel for the parties, I am of the view ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e open to the petitioners to make an appropriate application before the Court for discharge, or for any such appropriate order. 5. Accordingly, this petition shall stand dismissed with no order as to costs. Petitioners shall be at liberty to raise all such pleas available at their end during trial. Any observation made herein shall not affect the merits of the case. Records summoned in the case ..... X X X X Extracts X X X X X X X X Extracts X X X X
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