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TMI Blog2020 (12) TMI 429X X X X Extracts X X X X X X X X Extracts X X X X ..... o quash the summoning order / discharge rejection order dated 25.2.2020, under Sections 132, 135 (1) (a) & 135 (1) (b) of Customs Act, 1962, Police Station ICD, Dadri, District Gautam Budh Nagar passed by the Special Chief Judicial Magistrate, Meerut in Complaint Case No. 4787 of 2018 (Union of India versus M/s Orient Sales and others) and also to quash the proceedings of Complaint Case No. 4787 of 2018 (Union of India versus M/s Orient Sales and others) under Sections 132, 135 (1) (a) & 135 (1) (b) of Customs Act, 1962, & Section 420 IPC, Police Station ICD, Dadri, District Gautam Budh Nagar, pending before the Special Chief Judicial Magistrate, Meerut. Learned counsel for the applicants submits that applicants are engaged in the business ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ified or reversed by the competent Court, hence it still hold goods, on the similar set of facts no parallel proceedings can be permitted to be initiated against the applicants. To strengthen his submission, he relied upon the judgment of the Apex Court reported in 2006 0 Supreme (Del) 2371, Sunil Gulati and another versus R. K. Vohra; 2011 0 Supreme (SC) 193, Radheshyam Kejriwal versus State of West Bengal and another and recent Apex Court judgment in Criminal Appeal No. 575 of 2020, Ashoo Surendranath Tewari versus The Deputy Superintendent of Police, EOW, CBI and another, decided on 8th September, 2020. On the strength of the said judgment, learned counsel for the applicants submits that the case has already been examined on merit where ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oceeding is not necessary before initiating criminal prosecution; (iii)Adjudication proceeding and criminal proceeding are independent in nature to each other; (iv)The finding against the person facing prosecution in the adjudication proceeding is not binding on the proceeding for criminal prosecution; (v) Adjudication proceeding by the Enforcement Directorate is not prosecution by a competent court of law to attract the provisions of Article 20 (2) of the Constitution or Section 300 of the Code of Criminal Procedure; (vi)The finding in the adjudication proceeding in favour of the person facing trial for identical violation will depend upon the nature of finding. If the exoneration in adjudication proceeding is on technical ground ..... X X X X Extracts X X X X X X X X Extracts X X X X
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