9911796707
TMI Blog1981 (1) TMI 83X X X X Extracts X X X X X X X X Extracts X X X X ..... goods of high profit margin like textiles, fountain pens, nail clippers, toilet requisites etc., from inside the fiat car owned by the petitioner. The third respondent on adjudication of the case, by order, dated 29.5.1971 ordered confiscation of the goods. The car owned by the petitioner was also confiscated under Section 115(2) of the Act, but, he was allowed an option to pay a fine of Rs. 15,00 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... coercion. It held that under the said circumstances, the prosecution must fail and accordingly acquitted the petitioner by judgment, dated 23.1.1978. In the meanwhile, as against the order of the second respondent, dated 9.12.1975, the petitioner preferred a revision to the first respondent and the first respondent by order, dated 11.7.1978 had rejected the said revision. The orders of the respond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... competent criminal courts in respect of an offence, when the Tribunal proceeds to take any action on the basis of the commission of that offence. Let us take the instance before us. The offence consists in smuggling food grains. For that same offence, the petitioner was criminally prosecuted. He has also been punished by his permit being suspended for a period of three months. If the Criminal case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . ML3 90, following the judgment of the Bench of this Court in D'Silva v. Regional Transport Authority, I.L.R. 1962 Mad. 632, held that where the acquittal is substantially on merits, on identical facts and charges, it will not be proper for disciplinary Tribunal to record a finding of guilt, and to punish thereon, and this Court in exercise of the jurisdiction under Article 226 of the Constitutio ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
