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TMI Blog1990 (12) TMI 109X X X X Extracts X X X X X X X X Extracts X X X X ..... ision rendered by the Chief Judicial Magistrate, Pune, in Criminal Case No. 18923 of 1980 and other connected cases bearing Criminal Case Nos. 18924/80, 18925/80 and 18926/80. A private complaint was filed by the State of Maharashtra through Shri M.Y. Kakade, Assistant Collector of Central Excise & Customs, Preventive Headquarters, Pune, against the three Respondents. Respondent No. 1 was a compan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en the Central Excise Officers, Pune visited the factory premises of the accused No. 1. They, therefore, started departmental adjudication proceedings and also filed a complaint in the court of law. In the departmental proceedings a penalty of Rs. 5,000/- was imposed on accused No. 1. Earlier the learned Magistrate discharged the accused against which a revision application was filed by the State ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te, therefore, ought to have held the accused Respondents guilty of the same. However, it was pointed out to me by the learned Advocate for the Respondents accused that the charge has referred to Entry No. 34A of the First Schedule and not 30. According to the learned Advocate for the Respondent, the learned Chief Judicial Magistrate was specifically directed to frame a charge with reference to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tracted, then there is in my view, the end of the prosecution and if that be so, the learned Magistrate, in my view, was right in holding the accused not guilty of the charge levelled against them. With this, the matter should end and it is not necessary to deal with any of the aspects of the matter. The connected appeals also raise the same point and in view of the observation made above, they al ..... X X X X Extracts X X X X X X X X Extracts X X X X
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