TMI Blog2009 (7) TMI 164X X X X Extracts X X X X X X X X Extracts X X X X ..... on different facts, it would have no bearing on criminal proceedings. If, on the other hand, the exoneration in the adjudication proceedings is on merits and it is found that allegations are not substantiated at all and the concerned person(s) is/are innocent, and the criminal prosecution is also on the same set of facts and circumstances, the criminal prosecution cannot be allowed to continue. In these circumstances even though the petitioner is entitled for quashing, but since the second respondent has approached the Supreme Court and the SLP filed by them is still pending, the matter is adjourned sine die awaiting further orders by the Apex Court with liberty to the parties to revive the present petition, if required. - 2637-2640 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ided on 13-3-2009 (2) Ajay Gulati v. UOI, Crl. M.C. 1108 and 1109 of 2007, decided on 3-4-2008 [2008 (228) E.L.T. 177 (Del.)] (3) Anil Mahajan v. UOI, Crl. Rev. P. 160/2007, decided on 5-2-2008 [2009 (235) E.L.T. 430 (Del.)] (4) M/s. Medisphere Marketing Ltd. v. Inspector Custom Preventive, Crl. M.C. 541/2004, decided on 24-1-2008 (5) M/s. Bihariji Mfg. Co. (P) Ltd. v. CCE, Crl. M.C. 938/2005, decided on 14-2-2007 [2007 (212) E.L.T. 183 (Del.)] (6) Sunil Gulati v. R.K. Vohra, Crl. M.C. 2173/2004, decided on 20-12-2006 (7) R.K. Goenka v. Collector of Customs, Crl. M.C. 1132/2002, decided on 2-9-2002 [2003 (152) E.L.T. 54 (Del.)]. 5. On behalf of the respondents, the only submission made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n alleged against a person, if adjudication proceedings as well as criminal proceedings are permissible, both can be initiated simultaneously. For initiating criminal proceedings, one does not have to wait for the outcome of the proceedings are independent in nature. The findings in the departmental proceedings would not, amount to re-judicata and initiation of criminal proceedings in these circumstances can be treated as double jeopardy as they are not in the nature of "prosecution". In case adjudication proceedings are decided against a person who is facing prosecution as well and the Tribunal has also upheld the findings of the adjudicators/assessing authority, that would have no bearing on the criminal proceedins and the criminal pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ovisions of the Act, it would be unjust for such department authorities to continue with the criminal complaint and say that there is sufficient evidence to foist the accused persons with criminal liability when it is stated in the departmental proceedings that ex facie there is no such violation. The yardstick would, therefore, be to see as to whether charges in the departmental proceedings as well as criminal complaint are identical and the exoneration of the concerned persons in the departmental proceedings is on merits holding that there is no contravention of the provisions of the any Act." 7. This Court also took a similar view in the case of M/s. The Printer House Pvt. Ltd. v. Nishi Singh, 2009 (2) JCC 1279, wherein it has been hel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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