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Customs - Highlights / Catch Notes

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HC dismissed petition challenging prosecution for smuggling ...


Foreign Cigarette Smuggling Case: Prosecution Sanction Upheld, Jurisdictional Challenge Rejected Under Section 468 Cr.P.C.

April 21, 2025

Case Laws     Customs     HC

HC dismissed petition challenging prosecution for smuggling foreign-made cigarettes disguised as electronic goods. The court held that the Additional Director General was a competent authority to grant prosecution sanction, and the case was not barred by limitation under Section 468 Cr.P.C. since the potential sentence exceeded three years. The petitioners' arguments regarding circular interpretation and jurisdictional challenge were rejected. While the petition was dismissed, the court preserved the petitioners' right to pursue alternative legal remedies under criminal procedure.

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