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TMI Blog2017 (2) TMI 874X X X X Extracts X X X X X X X X Extracts X X X X ..... hether it was being legitimately brought in India or not, are all questions of facts which are sub-judice in Criminal Appeal as filed by the petitioner. It will be open to the petitioner to move the said criminal court for whatever relief he wants in respect thereof either to discredit or impeach the prosecution evidence. Petition dismissed - decided against petitioner. - Criminal Writ Jurisdiction Case No. 392 of 2015 - - - Dated:- 31-8-2016 - Navaniti Prasad Singh, J. Shri Sheoji Prasad Gupta, the Petitioner. Shri Satya Prakash Tripathy and Satya Vrat, Advocates, for the Respondent. [Judgment (Oral)]. - Heard the petitioner in person and learned counsels for the respondents. 2. In the year 1990, the Customs Depar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ta without success. The appeal was heard on merits and was dismissed. He challenged this order in Miscellaneous Appeal before this Court. The Division Bench of this Court, in the Miscellaneous Appeal, so filed, dismissed the appeal upholding the order of the Tribunal. The said order, as passed by the Division Bench of this Court, has attained finality. The petitioner has not filed any appeal against it nor challenged it in any judicial forum. The order, thus, has attained finality. The result is that the gold, so seized, has now, consequent to confiscation, vested in the Government. Payment of penalty is due from the petitioner. Department has noticed the petitioner for payment of penalty. 4. In so far as the criminal trial is concerned, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s being legitimately brought in India or not, are all questions of facts which are sub-judice in Criminal Appeal as filed by the petitioner. It will be open to the petitioner to move the said criminal court for whatever relief he wants in respect thereof either to discredit or impeach the prosecution evidence. This Court, in a collateral proceeding, cannot preempt the criminal court from doing its duty. The criminal court has the necessary jurisdiction to pass all orders that are required in the facts of the case. Therefore, it will not be appropriate for this Court to interfere in the matter at this stage. 9. Under the facts and circumstances as noted above, this writ petition has no merit and, accordingly, it stands dismissed. - - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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