TMI Blog1978 (11) TMI 68X X X X Extracts X X X X X X X X Extracts X X X X ..... the learned Magistrate Shri Om Prakash. In the course of the proceedings the statements of two witnesses namely, M. R. Sachdeva and Prem Kumar, were recorded. On May 31, 1977, neither the complainant nor his counsel appeared before the Court. The learned Magistrate took exception to the conduct of the prosecution in not attending the Court regularly and dismissed the complaint in default by his order dated May 31, 1977. 2. Aggrieved of the above order passed by the learned Magistrate, Shri Om Prakash, the department went up in revision. This revision petition was filed by the succeeding Assistant Collector, Central Excise and Customs, Shri Gandharb Bhushan. The learned Sessions Judge after careful consideration of the facts and circumstan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iminal justice keeps a constant vigil and whenever it finds that justice has suffered, it takes upon itself as its bounden duty to suo motu act where there is flagrant abuse of the law. The character of the offence and the nature of the disposal of the case in hand by the subordinate court so lightly needs prompt remedial action on the part of the High Court for the ultimate social good of the community. 4. Paragraph No. 1 of the revision petition itself shows that the gold bars themselves prima facie bear on their bosom evidence of smuggled source in the shape of foreign mark. 5. Though it is an economic offence, it is surprising that the learned Magistrate has shown undue softness to unsocial and anti-social offender. Admittedly the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ypical. The so called respectable persons tempted by the heavy pay-off face the perils of the law and hope that they could smuggle on a large scale and even if struck by the court they could get away with a light blow or by the inefficiency and lethargy of the prosecution agency in bringing the witnesses to the Court. 7. The celebrated writer, world known jurist and a sitting judge of the Supreme Court of India Hon'ble Krishna Iyer J. time and again in a number of cases has observed that economic offences which are deceptively committed by respectable members of the community by inflicting severe trauma on the wealth of the nation need a different treatment, because the members of this neo-criminal tribe are repeatedly escalating. The fol ..... X X X X Extracts X X X X X X X X Extracts X X X X
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