1990 (12) TMI 109 - HC - Central Excise

Summary

Issues:
Appeal against acquittal under Central Excises and Salt Act - Charge framed under incorrect entry in First Schedule - Failure to prove charge - Admissibility of evidence - Discrepancy in charge entry.

Analysis:
The appeals in this case arose from a decision made by the Chief Judicial Magistrate in Criminal Case No. 18923 of 1980 and related cases. The State of Maharashtra filed a private complaint against a company and its directors, alleging an offence under Section 9 of the Central Excises and Salt Act. The accused were charged with manufacturing electric wiper motors without the required license, leading to contravention of the provisions. The Central Excise Officers discovered this during a visit to the factory premises in 1977, which initiated departmental adjudication proceedings and a court complaint. Initially, the accused were discharged, but after a revision application, the charge was framed as directed by the Sessions Court, and evidence was recorded.

Upon reviewing the evidence, the Magistrate acquitted the accused, finding the prosecution failed to prove the charges. The State appealed this acquittal, arguing that the electric wiper motors fell under a specific category in the Act. However, the defense pointed out that the charge referred to a different entry in the First Schedule. The defense contended that the Magistrate was directed to frame the charge based on that specific entry, not the one mentioned by the State. The court agreed with this argument, stating that the charge should have been based on the correct entry, and since it was not, the prosecution could not succeed.

Furthermore, the court highlighted an admission made by a prosecution witness, confirming that the correct entry in the First Schedule was different from the one mentioned in the charge. This admission supported the defense's position and weakened the prosecution's case. As a result, the court concluded that the prosecution had failed to establish the charges due to the discrepancy in the charge entry. Consequently, the appeals were dismissed, and the Magistrate's orders acquitting the accused were upheld. The judgment emphasized the importance of accurately framing charges and presenting evidence to establish the elements of the offense under the Central Excises and Salt Act.