1991 (9) TMI 363 - HC - Central Excise

Summary

Issues:
1. Quashing of criminal case against accused 1 to 3.
2. Interpretation of relationship between accused firms.
3. Impact of Appellate Collector's order on criminal complaint maintainability.

Detailed Analysis:
1. The petition was filed under Section 482 of the Criminal Procedure Code seeking to quash the criminal case against accused 1 to 3. The complaint alleged that the accused firms were involved in evading Central Excise Duty by misdeclaring values and suppressing relationships between the companies. The accused were charged under various sections of the Central Excises and Salt Act, 1944. The investigation revealed mutual business interests between the firms, with the first accused selling goods to the fourth accused at undervalued rates, leading to duty evasion amounting to Rs. 2,27,409.33. The accused argued that the complaint should be quashed based on previous decisions and orders indicating that the fourth accused was not a related company. The prosecution contended that the complaint should proceed as the offences alleged were made out.

2. The main contention revolved around the relationship between the accused firms. The Appellate Collector's order dated 28.4.81 had set aside the finding that accused 1 and 4 were related persons, allowing the first accused to file price lists in Part-I. The defense argued that this finding by the Collector should bar the current complaint alleging a related person status between the accused firms. However, the prosecution maintained that the Collector's finding did not preclude the criminal complaint as the offences were established based on the investigation's findings regarding the relationship and business practices between the firms.

3. The judgment delved into the impact of the Appellate Collector's order on the maintainability of the criminal complaint. Citing legal precedents, the court held that the Collector's finding did not operate as a bar to the criminal proceedings. Referring to previous cases, it was established that departmental proceedings and findings did not bind criminal courts, and judgments in one forum did not necessarily affect proceedings in another. Therefore, the court dismissed the petition seeking to quash the criminal case against accused 1 to 3, emphasizing that the allegations in the complaint constituted the offences as charged, irrespective of the Collector's previous decision regarding the relationship between the accused firms.