9911796707
TMI Blog1999 (12) TMI 870X X X X Extracts X X X X X X X X Extracts X X X X ..... re travelling in the car. A third person named Rajinder Chorkha, who was also in the car, however, managed to escape. Search of the said car by the Police resulted in the recovery of rupees fifty lacs in cash vide seizure memo dated 12.9.1993. Certain documents were also seized from the said Suram Singh and Deep Chand. Investigation into the matter was taken up by the Enforcement Directorate, Jullundur on receipt of information from the Police Authorities. On 17.9.1993 and 18.9.1993, petitioner's statements were recorded under Section 40 of the Foreign Exchange Regulation Act, 1973 (for short "the Act"). On completion of the investigation, a complaint under Section 56 of the Act was filed against the petitioner for the alleged ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h US $ 16,600 were recovered from her possession. Her disclosure statement led to arrest of the petitioner. Consequently on 13.8.1993, a complaint under Section 132/135(1)(a) of the Customs Act was filed against the petitioner and his wife. By the order dated 9.4.1997, the Deputy Commissioner of Customs, IGI Airport, New Delhi ordered forfeiture of the foreign currency recovered from the petitioner's wife and imposed a penalty of Rupees twenty thousand on the petitioner for abetting his wife in the smuggling of foreign currency. On appeal by the petitioner, the order dated 9.4.1997 passed by Deputy Commissioner of Customs was set aside by the Commissioner Customs. Thereafter, petitioner filed an application before the ACMM, New Delhi se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dence on record does not connect them with the silver seized in the case. The petitioners Narendra Gupta and Madhav Saran have filed the aforesaid separate petitions under Section 482 Cr. P.C. seeking quashing of the criminal proceedings emanating from the complaint filed against them on the ground that they have been exonerated by the order dated 23.12.1996 passed by the Commissioner of Customs, New Delhi. 6. The question for consideration is whether the prosecution against the petitioners can be sustained in view of the orders passed by the competent authorities exonerating them from the charges in question. Admittedly, all the petitioners have been exonerated by the competent authorities from the charges leveled against them. Learned co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upta and Madhav Saran have been exonerated by the Commissioner of Customs II, New Delhi. There is nothing on the record to show or suggest that the respondent has taken any appropriate proceedings to have the aforesaid orders set aside in accordance with law. Thus, the aforesaid orders of the authorities mentioned above, have attained finality. Where the departmental authorities, whose task is to ensure strict compliance with the relevant provisions of a Statute are satisfied that there is ex facie no contravention of the provisions of any Act, it would be utterly unjust to force a person to face the ordeal of a trial on the same set of facts and evidence. The least that can be said in the case is that if the department does not feel aggrie ..... X X X X Extracts X X X X X X X X Extracts X X X X
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