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2000 Supreme(Del) 875

B.K.RAMAMOORTHY, USHA MEHRA
RIPEN KUMAR – Appellant
Versus
DEPARTMENT OF CUSTOMS – Respondent


Advocates Appeared:
Akshay Anand, O.N.Vohra, SATISH AGGARWAL

Usha Mehra

( 1 ) THE petitioner has raised questions of law which have far reaching effect, namely:-

1) Whether an order, passed in exercise of revisional powers under Cr. P. C. by a Sessions Judge can be set aside by his successor at the instance of the same petitioner when it was not challenged further. 2) Whether such an order, assuming it was passed not in revisional jurisdiction, attain finality?. 3) Whether the word evidence includes the statement in examination-in-chief of the witness who was not cross-examined fully? 4) Whether, a Sessions Judge can review an order passed under Section 244 Cr. P. C. by his predecessor suo-moto regardless of the considerations of limitation under the Limitation Act? 5) Can an Additional Sessions Judge before whom order of discharge was challenged set aside previous order of another Additional Sessions Judge and give directions thereunder?

( 2 ) BRIEFLY stated the facts giving rise to the above questions are, that on 28th Oc- tober, 1987 a complaint under Section 135 (1) (b) of the Customs Act, 1962 and Sec- tion 85 of the Gold (Control) Act, 1968 was filed against the present petitioner in the court of learned Additional Chief Metropolitan Ma














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