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TMI Blog2016 (3) TMI 1307X X X X Extracts X X X X X X X X Extracts X X X X ..... .R. Waghmare, J. Shri Vivek Phadke, Counsel, for the Petitioner. Shri Prasanna Prasad, Counsel, for the Respondent. ORDER By this petition under Section 482 of Cr.P.C., the petitioners have been prayed for quashment of the proceedings of Criminal Case No. 10/1998 pending in the Court of Special Judicial Magistrate (CBI and Economic Offences), Indore. 2. Counsel for the petitioners has vehemently urged the facts that proceedings in the Central Excise Office were started on the basis of suggestion given by the Assessing Officer, Income Tax Department and the order of Assessing Officer was quashed by C.I.T. (Appeal) and Income Tax Tribunal. Counsel submitted that the basis for initiating the prosecution against the petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nor the Commissioner of customs is a Court and the order of framing charge cannot be quashed. He further relied on Assistant Collector of Customs, Bombay and Another v. L.R. Melwani and Another - (1969) 2 SCR 438 : AIR 1970 SC 962 = 1999 (110) E.L.T. 317 (S.C.) held thus : 14. That apart we do not think that the High Court was justified in interfering with the discretion of the Learned Magistrate whether a particular document should be summoned or not is essentially in the discretion of the trial Court. In the instant case the Special Public Prosecutor had assured the Learned Trial Magistrate that he would keep in readiness the statements of witnesses recorded by the Customs authorities and shall make available to the defence Counsel th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e documents without actual receipt of goods from traders working in the name and style of M/s. Embassy Steel, M/s. K.S. Steel, Indore, M/s. Ankit Steel Suppliers, Indore and M/s. Steel and Scraps Indore. It is also alleged in the complaint that the aforesaid trading firms appeared to have been indirectly governed by the company through its commission agent having overall control over them. And on the scrutiny and statements of various persons recorded u/s. 14 of the Central Excise Act and there was cause for action and hence u/s. 200 of Cr.P.C. for offence punishable under Section 9 r/w S. 9AA of the Central Excise Act, 1944. The case has already been registered by the Learned Magistrate and summon was issued to the present accused petition ..... X X X X Extracts X X X X X X X X Extracts X X X X
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