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B. R. GAVAI, AUGUSTINE GEORGE MASIH
Rimjhim Ispat Limited – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. background of the criminal proceedings (Para 1 , 3 , 5 , 9) |
| 2. arguments against the proceedings' sustainability (Para 2 , 18 , 19) |
| 3. observations on procedural adherence (Para 4 , 6 , 10) |
| 4. key legal findings and principles (Para 16 , 27) |
| 5. arguments against the validity of charges and evidence. (Para 20 , 21 , 22) |
| 6. assessment of prima facie evidence in charges against appellants. (Para 28 , 29 , 30) |
| 7. final verdict on the appeal (Para 35 , 36) |
JUDGMENT :
AUGUSTINE GEORGE MASIH, J.
1. The present Criminal Appeal is moved against concurrent findings of dismissal of discharge application by the Special Chief Judicial Magistrate at Kanpur Nagar, Uttar Pradesh (hereinafter, “Trial Court”) and the High Court of Judicature at Allahabad (hereinafter, “High Court”) as moved by M/s Rimjhim Ispat Limited, M/s Juhi Alloys Limited, and Shri Yogesh Aggarwal (hereinafter, “Appellants”) in the criminal proceedings that were initiated against it under Section 9 and 9AA of the CENTRAL EXCISE ACT , 1944 (hereinafter, “CEA 1944”).
2. Against the Judgment dated 05.02.2016 passed by the High Court (hereinafter, “Impugned Judgment”), the strength of the argument for discharge applicati
Criminal proceedings can proceed against accused despite earlier dropped departmental proceedings, as prima facie evidence is sufficient to substantiate claims under the Central Excise Act.
The exoneration of the Accused in adjudication proceedings on the same set of allegations as in the criminal trial can be considered an abuse of the process of the court if the contravention of the p....
Exoneration in departmental proceedings on merits precludes subsequent criminal prosecution on identical allegations due to differing standards of proof.
Criminal proceedings cannot continue if the accused has been exonerated in departmental inquiries for identical charges, due to the higher standard of proof required in criminal cases.
Exoneration in departmental proceedings does not automatically quash criminal proceedings, which must be determined based on evidence in court.
Against the revisional order of the Sessions Court 482 is maintainable.
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