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TMI Blog2002 (2) TMI 123X X X X Extracts X X X X X X X X Extracts X X X X ..... cted with the recovery of Chinese Silk Textile on 28th August, 2000 from Ms. Olga Kozireva/accused, a complaint, under Sections 132 and 135 of Customs Act, 1962 has been filed by the Customs and RC.5(E)/200l under Sections 120B IPC read with 420 IPC and 13(1)(d)(2) of P.C. Act, 1988 and substantive offences under Sections 13(2) read with Section 13(1)(d) of P.C. Act has also been registered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n by the police is in progress in relation to the offence which is the subject-matter of the inquiry or trial held by him, the Magistrate shall stay the proceedings of such inquiry or trial and call for a report on the matter from the police officer conducting the investigation. (2) If a report is made by the investigating police officer under Section 173 and on such report cognizance of any off ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t and said case registered by CBI (copy of FIR at Pages 102 to 110) also notices allegations regarding commission of offences under said two Sections of the Customs Act and CBI, thus, can investigate the offences under said two Sections in addition to offences for which the case has been registered by it. Therefore, the Trial Court had acted erroneously in declining to stay proceedings in complain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nor can the Special Judge transfer to his Court the complaint filed under Sections 132 135 by the Customs pending before ACMM, Patiala House Courts. Obviously, in such a situation Section 210 Cr.P.C. is inapplicable and stay of proceedings in complaint case cannot be sought under that provision. Decisions in Maharashtra Tubes Ltd. v. State Industrial Investment Corporation of Maharashtra Ltd. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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