9911796707
TMI Blog2023 (11) TMI 1065X X X X Extracts X X X X X X X X Extracts X X X X ..... of the opinion that prima facie, the matter requires consideration. Further, in the opinion of this Court, considering that the petitioner has been exonerated by the learned CESTAT on the same set of facts and this fact has not been disclosed before the learned Trial Court, the petitioner herein has been able to make out a case for grant of interim protection. Accordingly, the operation of the impugned order passed by the Ld. Additional Chief Metropolitan Magistrate - 01, Patiala House Courts, New Delhi in Ct. Cases No. 2012/2022 and all proceedings emanating therefrom pending before the ACMM-01, shall remain stayed qua the petitioner, till the next date of hearing - Accordingly, renotify on 21.02.2024. - Hon'ble Mr. Justice S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, at the outset, submits that upon instructions from Mr. Abhay Yamdagni, Senior Intelligence Officer, DRI, that the respondent/ DRI will be filing a SLP against the order dated 05.10.2023 passed by the Division Bench of this Hon ble Court in CUSAA No. 3/2023 titled Commissioner Of Customs, New Customs House, New Delhi v. Pawan Kant. 6. Learned counsel appearing for the respondent seeks and is granted, three weeks to file a reply. Rejoinder thereto, if any, be filed within two weeks thereafter. 7. The parties are further called upon to file a written synopsis not exceeding three pages giving a chronological list of dates, events and documents, if any, alongwith relevant judgments duly highlighted which they wish to rely upon, wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rits, criminal prosecution on the same set of facts cannot be allowed to continue. 12. Perusal of the records reveal that the impugned Complaint dated 06.10.2022 is identical to the Show-Cause Notice dated 17.07.2019. So much so, the gravamen of the averments made therein and the documents relied in both are substantially identical. It is also not disputed that the order dated 28.03.2022 passed by the learned CESTAT in Customs Appeal No. 50497/2022 in Pawan Munjal v. Commissioner of Customs was not disclosed before the learned ACMM- 01, Patiala House Courts, New Delhi, though the learned counsel for the respondent appearing for the Commissioner of Customs herself on the date of passing the impugned order dated 01.07.2023 made a categ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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