9911796707
TMI Blog2009 (7) TMI 724X X X X Extracts X X X X X X X X Extracts X X X X ..... 145 (Kar.)]. 2. The respondents had filed a Crl. P. No. 3648/2001 under Section 482 of Cr. P.C inter alia seeking for quashing of the proceedings in C.C. No. 87/2001 then pending on the file of Addl. C.J.M., Bangalore wherein the process was ordered against the respondents for an offence punishable under Section 135 of the Customs Act. 3. The petitioner/authority had filed a private complaint under Section 200 of Cr. P.C for an offence punishable under Section 135 of Customs Act. The order of issue of summons was called in question before this court by the respondent on the ground that the criminal prosecution is not maintainable in view of the order passed by the Customs Tribunal. It is also contended that the finding recorded by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... him, without adducing any evidence for the same. No case of penalty on any appellant under Section 114 of the Customs Act, 1962 has been established. (iv) The Ld. Commissioner erred in holding that the appellants viz., Chiramath Precision (India) imported duty free raw materials and clandestinely diverted the same to Chirag Enterprises and Tavadec Industries Pvt. Ltd., (in the guise of high generation of waste) as against the purpose for which the same were imported, without technically verifying the same. On the contrary, Chiramith Precision (India) have produced a report certified by the Regional Engineering College, Suratkal about the percentage of scrap generated during the course of manufacture of various components. (v) As no conf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case is made out that the continuing of prosecution is abuse of process of law and having regard to the facts and circumstances of the case, this court observed that the continuance of criminal proceedings against the accused would amount to abuse of process of law and it would be in the interest of justice, if this court should exercise inherent power and allow the petition. Accordingly, this court felt that the continuance of the proceedings would amount to abuse of process of law and in the ends of justice this court by invoking the provisions of Section 482 of Cr. P.C has quashed the proceedings. 7. Sri Urval N. Ramanand, learned Senior Counsel appearing for the petitioner submitted that this petition is not for review, it is only fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... This court while deciding the earlier matter has relied on the Judgment of the Apex Court and also based on the findings arrived by the Tribunal has found that Tribunal is the last authority on finding of facts. Invoking the provisions of Section 482 of Cr. P.C. to recall the order in Crl. P. No. 3648/2001 would amount to review of the order of the single judge and that cannot be done under the provisions of Cr. P.C and pro visions of Cr. P.C does not confer power on the High Court to review the order. 10. Further nothing prevented the department in not prosecuting the matter from 2004 by filing a SLP. The department is assisted by the legal expert and after waiting for nearly five years now it has sought for review of the order. Hence I ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
