KRISHNA MURARI, AHSANUDDIN AMANULLAH
Vijay Kumar Ghai – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Krishna Murari, J.
The present Miscellaneous Application has been moved by the applicant- Amit Jalan along with the application seeking permission to file intervention.
2. We have heard learned counsel for the applicant. The applicant who is not a party to the proceedings in Criminal Appeal No. 463 of 2022, which was decided by this Court vide order dated 22.03.2022, is seeking clarification of the said order solely on the ground that the same may have a bearing on the case of the applicant.
3. From a perusal of pleadings, we find that three criminal prosecutions were launched by the Revenue Department under Sections 132 and 135 of the Customs Act, 1962, against the applicant which in turn were based upon three adjudication proceedings initiated by the department.
4. Learned counsel for the applicant contends that in all the three adjudication proceedings, the issue has been decided finally in favour of the applicant by CESTAT. Still the criminal proceedings are continuing and in the light of the judgment dated 22.03.2022 passed by this Court in Criminal Appeal No. 463 of 2022, is liable to be quashed and in the light of the law laid down by this Court vide judgment dated 22.
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