1987 (1) TMI 91 - HC - Central Excise

Issues Involved:
1. Quashing of process issued against accused Nos. 8, 9, 10, and 28 by the Chief Judicial Magistrate, Pune.
2. Allegations of evasion of Central Excise duty by the company and its directors.
3. Legal principles regarding conspiracy and vicarious liability.
4. Application of Section 9 of the Central Excises and Salt Act, 1944.
5. Inherent powers of the High Court under Section 482 of the Criminal Procedure Code, 1973.

Detailed Analysis:

1. Quashing of Process Issued Against Accused Nos. 8, 9, 10, and 28:
The petitioners sought to quash the process issued against them by the Chief Judicial Magistrate, Pune, alleging that there were no overt acts or illegal omissions attributed to them to attract substantive offences under Section 9 of the Central Excises and Salt Act, 1944. They argued that they could not be held liable on the principle of vicarious liability as the relevant section, 9AA, came into force only on 27th December 1985, after their resignation dates. The court found that the complaint contained sufficient material suggesting their involvement in a criminal conspiracy to evade excise duty, and thus, the process issued against them was upheld.

2. Allegations of Evasion of Central Excise Duty:
The prosecution alleged that the company and its directors deliberately declared lower prices for their products to evade excise duty. The modus operandi included recovering additional amounts under various heads such as handling charges, freight, insurance, repair charges, and surcharge, which were not included in the assessable value. The court noted that the complaint detailed the conspiracy and the roles played by the accused, including the recovery of higher prices than declared, thus establishing a prima facie case of tax evasion.

3. Legal Principles Regarding Conspiracy and Vicarious Liability:
The court discussed the principles of conspiracy, emphasizing that it involves an agreement to commit an illegal act or a legal act by illegal means. The evidence of conspiracy could be direct or circumstantial, showing a meeting of minds among the conspirators. The court found that the complaint sufficiently alleged a continuing conspiracy involving the accused, even after their resignation dates. The court also distinguished between vicarious liability under Section 9AA and the direct involvement of the accused in the conspiracy, concluding that the accused were not being punished merely for their positions but for their active roles in the conspiracy.

4. Application of Section 9 of the Central Excises and Salt Act, 1944:
Section 9 outlines various offences related to excise duty evasion, including contravention of rules, evasion of duty, and abetment of such offences. The court rejected the argument that only the company could be held liable, noting that the section provides for punishment by both imprisonment and fine, indicating that individuals involved in the conspiracy could also be punished. The court held that the accused could be liable under Section 9 read with Section 120B of the Indian Penal Code for their roles in the conspiracy.

5. Inherent Powers of the High Court Under Section 482 of the Criminal Procedure Code, 1973:
The court reiterated that its inherent powers to quash proceedings should be exercised sparingly and only when no offence is made out on the face of the complaint. The court found that the complaint contained sufficient material to suggest the involvement of the accused in the conspiracy to evade excise duty, and thus, there was no abuse of the process of the lower court. The court emphasized that the truth of the allegations would be investigated during the trial, and the prosecution should be given an opportunity to present its evidence.

Conclusion:
The court discharged the rule in both writ petitions, vacated the stay, and rejected the oral application for leave to appeal to the Supreme Court, affirming the process issued by the Chief Judicial Magistrate, Pune, against the accused.

← Previous Next →