2018 (6) TMI 1498

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..... ondent. ORDER The petitioner who was a public servant was proceeded by the department of the Customs by issuing a show cause notice. Said proceedings which are taken before this Court by the Revenue in Customs Appeal No. 6 of 2011. 2. In view of the policy of Revenue, Revenue withdrew the appeal against the present petitioner on 10-4-2017, as a consequence there are no departmental proceed .....

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..... T. 294 (S.C.)] particularly findings recorded in paragraph nos. 25, 26, 29 to 31, 39 & 47. 6. According to him, as such criminal prosecution against the petitioner cannot be continued. 7. Per contra the Learned Counsel for the Revenue would urge that even if departmental proceedings are withdrawn/disposed against the petitioner, still criminal prosecution can be continued for the reaso .....

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..... the request of the Revenue as is apparent from the order dated 10-4-2017. 9. Once the basis for such prosecution being departmental proceedings have already come to an end in favour of the petitioner and against Revenue, the issue, in my opinion is squarely governed by the Judgment of the Apex Court in the case of Radheshyam Kejriwal [cited supra]. 10. Apart from above, I hardly notic .....

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