TMI Blog1993 (9) TMI 123X X X X Extracts X X X X X X X X Extracts X X X X ..... on search of the said two bags goods alleged to be of foreign origin were found. As a follow-up action on the basis of disclosures allegedly made by Sat Pal Arora, the residential premises at 16/96 Subash Nagar, New Delhi in occupation of Sunil Kumar Sharma were searched and as a result of search, miscellaneous goods of foreign origin including wrist watches totally valued at Rs. 1,67,440 were recovered. 3.On the basis of the said recoveries and the statements made by Sat Pal Arora, Sunil Kumar Sharma and Ajay Kumar, the premises of the petitioner, Harbhajan Kaur were searched in Village Somana Bhau, District Karnal, Haryana, but nothing incriminating was found. 4.Her statement under Section 108 of the Customs Act was recorded and as p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... trol) Appellate Tribunal being No. C/2963/89-NRB. That appeal was accepted by the Tribunal vide Order No. A/187/91-NRB and the order passed by the Additional Collector of Customs was set aside and the penalty imposed upon her was also set aside. Similarly, in the case of Sunil Kumar Sharma, vide order No. A/73/91-NRB, the Tribunal accepted the appeal and set aside the order in so far as it related to the penalty imposed on this petitioner. 8.However, in the criminal complaint learned A.C.M.M. charged all the accused persons including these petitioners, Harbhajan Kaur for offences under Sections 132 and 135(1)(a) of the Customs Act; and Section 135(1)(b) of the Customs Act against the other petitioner, Sunil Kumar Sharma 9.Both these pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roceedings against these petitioners will amount to abuse of the process of law. 11.Learned Counsel for the department, Mr. Agarwal argued that the charge has already been framed in this case and appropriate remedy for the petitioners was to challenge the order of framing of the charge under Section 245 Cr. P.C.; and under Section 482 Cr. P.C. these prosecution proceedings cannot be quashed. According to him, the departmental adjudication proceedings and the criminal prosecution are two different proceedings and both of them can continue simultaneously. According to him, these petitioners were found innocent in the departmental adjudication proceedings, it cannot be said that they will also be acquitted in the criminal proceedings. He sta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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