TMI Blog2021 (10) TMI 120X X X X Extracts X X X X X X X X Extracts X X X X ..... ltimately end in imposing of penalty under Sections 114A and 114AA of the Customs Act and this proceedings had already been concluded on 30.06.2020 itself. However, for want of furnishing of certain documents, that has been quashed by this Court and accordingly, the respondent was directed to proceed further for furnishing the document - Only in pursuance of the said direction issued by this Court permitting the documents sought for by the petitioner and also permitting the petitioner to cross examine the witnesses as he sought for, now the respondent has fixed the hearing and by thus, the present summon dated 19.08.2021 has been issued. In the Criminal proceedings, which has already been launched against the petitioner, after full-fledged trial, the Criminal Court will decide as to the guilt of the petitioner whether he has to be punished or not. Therefore, at no stretch of imagination, it can be stated that merely because of adjudication process is being conducted, that will have a prejudice against the petitioner in the criminal proceedings launched against him - in view of the peculiar circumstances, where, the service law governing the personnel of the State and Central Aut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore the respondent and further directed the petitioner to give reply to the show cause notice. 4.Pursuant to which, the petitioner had given a reply to the show cause notice on 10.06.2020 and also he had sought for copies of certain documents for his perusal. Then the respondent had conducted personal hearing and ultimately passed final order on the adjudication on 30.06.2020. 5.However, the said final order dated 30.06.2020 was challenged by the petitioner before this court in WP(MD)No.10365 of 2020, wherein, this Court, by order dated 16.02.2021 having quashed the said final order dated 30.06.2020, directed the respondent to furnish the documents which the petitioner sought for and to proceed with adjudication and pass final order. The relevant portion of the order of the learned Judge reads as follows: 9.From these foregoing circumstances, I come to the conclusion that the writ petitioner was not served with copies of the documents relied upon by the department both in the show cause notice as well as in the impugned order. On this sole ground, I am constrained to interfere with the impugned order. This order impugned in this writ petition stand quashed insofar as th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taneously both adjudication process as well as criminal case are permitted to go on, that will prejudice the interest of the petitioner. Therefore, on that ground, the petitioner challenging the summon now issued by the respondent dated 19.08.2021, requiring the petitioner to appear for the hearing on 27.08.2021 has filed the Writ Petition with the aforesaid prayer. 9.Heard Mr.R.S.Sivaram, learned counsel appearing for the petitioner, who has submitted that, the petitioner is not at all a clearing agent, nor an importer and he was only the Branch In-Charge of the Clearing Agency. Therefore, if at all anything to be proceeded against the importer as well as the clearing agent for any alleged reason under the provisions of the Customs Act, that can be proceeded only against importer as well as the clearing agent and not against the Branch In- Charge of the clearing agency. Therefore, singling out the petitioner shows the malafide intention on the part of the respondent and the reason for such malafide intention is that the petitioner in the year 2018 has filed a contempt petition in respect of WP(MD)No.6403 of 2017 against the then Commissioner of Customs and Central Excise, Trich ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd also giving an opportunity to the petitioner and in this regard, in the reply to the show cause notice given to the petitioner, since the petitioner has sought for cross examination of some of the witnesses, that has also been permitted by the respondent Department vide proceedings dated 02.08.2021. 14.Insofar as the criminal complaint is concerned, though it had been initiated in the year 2020, the same has been numbered as CC No. 131 of 2021 and now the summons have been issued, where the copy of the charge ie., complaint given by the customs Department had also been annexed. Insofar as CC No.131 of 2021 is concerned, it is a separate proceedings, of course under Section 135 of the Customs Act as referred to above, where as per procedure contemplated, the concerned criminal Court will conduct the trial and ultimately come to a conclusion that whether any punishable offence has been committed by the petitioner and if the same is proved beyond reasonable doubt or otherwise then only, ultimate verdict in the acquittal or conviction would be decided and delivered by the concerned criminal Court. 15.However, insofar as the present adjudication process is concerned, it may ult ..... X X X X Extracts X X X X X X X X Extracts X X X X
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