1988 (11) TMI 119

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..... Judicial Magistrate, Cuttack, and have challenged the order passed on 31-1-1985 by which cognizance of offences under Sections 9(1), (b), (bb) of the Central Excises and Salt Act, 1944 (hereinafter referred to as "the Act") read with Rules 9(1), 53, 173B, 173C, 173F and 173G of the Central Excise Rules, 1944 (for short "the Rules") against them. 2. The short facts which can be gathered from the .....

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..... as already stated above, took cognizance of the offences and issued process against the petitioners and six others. 4. Mr. Deepak Misra, learned counsel appearing for the petitioners raised the only contention that the impugned order of cognizance is a bald one without being supported by reasons. Therefore, it is liable to be quashed. It indeed appears from the impugned order that reasons have no .....

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..... w. In view of these facts, I hardly find any reason to interfere with the impugned order at this stage. If, after prosecution evidence is adduced, it will be disclosed that there is no material evidence against the accused persons for proceeding with the case, the petitioners shall be justified in pleading before the Trial Court for their discharge. 5. In the result and subject to the above obser .....

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