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CHANDRA DHARI SINGH
Suresh Chand Gupta And Another – Appellant
Versus
State Of Govt. Of Nct Delhi And Another – Respondent
JUDGMENT
Chandra Dhari Singh, J. - The instant petition under section 482 of the Code of Criminal Procedure, 1973 (hereinafter 'Cr.P.C.') for quashing of order dated 5th March 2014 passed by learned CMM Patiala House Courts, New Delhi in CC No. No.75/1/2013 and to quash the CC No.75/1/2013 under Sections 132 and 135(1)(a) of the Customs Act, 1962 (hereinafter 'the Act') and also order dated 29th July 2016 passed by learned ASJ, Patiala House Courts, New Delhi in Criminal Revision No. 47/2014.
BRIEF FACTS
2. On 26th February 2013 the respondent, i.e. Director of Revenue Intelligence, Head Quarter, (hereinafter 'DRI') filed a criminal complaint Case bearing CC No. 75/1/13 under Section 132 and 135 (1)(a) of the Act, before the learned Trial Court stating therein that intelligence reports have been received that M/s Elgin Electronics (hereinafter 'the firm'), of which petitioner no. 1 is the Proprietor and petitioner no. 2 is the Manager, was in the business of importing public address systems, sound systems for auditorium etc. without payment of customs duty. On basis of the said inputs, search was conducted on 13 th July 2009 by the DRI at the premises of the firm. Goods imported by th
The main legal point established in the judgment is that the court can quash criminal proceedings if the prosecution lacks prima facie evidence, the complaint is barred by limitation, and the prosecu....
Point of law : An application under Section 482 of the Criminal Procedure Code is maintainable to quash proceedings which are ex facie bad for want of sanction, frivolous or in abuse of process of co....
Possession of smuggled goods under the Customs Act confirms liability for prosecution without proper documentation; the accused must prove otherwise.
The petitioner must demonstrate a reasonable apprehension of arrest to be granted pre-arrest bail under Section 438 of the Code of Criminal Procedure, and compliance with summons issued under Section....
The court ruled that the provisional attachment of bank accounts and summons issued for investigation were illegal, as the petitioner was a bona fide purchaser of goods cleared for home consumption, ....
The main legal point established is the interpretation of 'at any previous stage of the case' under Section 245(2) of Cr.P.C. and its relevance to the pre-cognizance stage of the complaint.
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