9911796707
TMI Blog2021 (10) TMI 120X X X X Extracts X X X X X X X X Extracts X X X X ..... No.3/2020 (Commr) dated 25.02.2020 till the completion of the Criminal Case in CC No.131 of 2021 pending before learned Judicial Magistrate No.I, Tiruchirappalli. 2.The relevant facts which are required to be noticed for the disposal of this Writ Petition are as follows: as per the affidavit averments of the petitioner, he has claimed that he is working as Branch In-charge of M/s.Cochin Air Cargo Clearing House at Trichy. It is a Licensed Customs Clearing Agency coming under the purview of the Customs Agent Licensing Regulations bearing Lic No.1/2012, having principal place of business at International Airport, Trivandrum, Kerala and also having branches at Cochin, Trichy, Madurai, Coimbatore, Chennai, Mumbai, Bangalore and other importa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 the petitioner is concerned. I make it clear that since it is only the petitioner who has come before this Court to challenge the impugned order, the benefit of this order will ensure only in favour of the petitioner and not in favour of others. The respondent is directed to supply all the copies of the documents relied on by the department. The petitioner is directed to submit his reply within a period of two weeks from the date of their receipt. Thereafter, the respondent will pass orders afresh in accordance with law. 10.This writ petit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... context, it is a further case of the petitioner that, after going through the copy of complaint in C.C.No.131 of 2021, the petitioner has come to understand that majority of the witnesses, which are going to be cross-examined by the petitioner in the adjudication process will be the witnesses in the criminal case also. Therefore, if simultaneously 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espondent through the impugned summon dated 19.08.2021. Therefore, the learned counsel for the petitioner seeks indulgence of this Court to quash the said impugned summon by quashing the adjudication proceedings as of now by way of deference, till the decision is taken in criminal proceedings. 10.I have considered the said submissions made by the learned counsel appearing for the petitioner and also have perused the materials placed before this Court. 11.If we peruse the relevant provisions of the Customs Act, ie., Section 135 under the heading 'evasion of duty or prohibition', it has been provided that, whoever commits any of the action that has been mentioned in Section 135(1)(a) to (e) shall be punishable with the imprisonment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ultimately end in imposing of penalty under Sections 114A and 114AA of the Customs Act and this proceedings had already been c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y law Courts by various pronouncements of the Hon'ble Apex Court as well as the High Courts. Also in view of the peculiar circumstances, where, the service law governing the personnel of the State and Central Authorities concerned, which are in different perspective, where mere preponderance of probability is enough to take a conclusion that whether code of conduct prescribed against service personnel has been violated or not and only in that context, the departmental proceedings would be concluded and the penalties would be imposed against such person. 20.Therefore, the same principle cannot be expected to be adopted here as the proceedings for adjudication as well as the criminal proceedings both are contemplated under the same Act a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
