1991 (2) TMI 146 - HC - Customs

Summary

The High Court of Calcutta quashed the charge under Section 135(1)(b) of the Customs Act but allowed the prosecution to proceed under the Gold (Control) Act. The court emphasized that a favorable departmental decision does not bar criminal prosecution, but in this case, it would be a misuse of the legal process to continue the Customs Act prosecution. The trial under the Gold (Control) Act is to proceed expeditiously.