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2000 Supreme(Guj) 97

D.H.WAGHELA
GLOBAL TELE SYSTEMS PRIVATE LIMITED – Appellant
Versus
STATE – Respondent


Advocates Appeared: B.P.Munshi, RAKESH GUPTA, Sudhanshu Patel

D. H. WAGHELA, J.

( 1 ) THIS application is filed under Section 482 of the Code of Criminal Procedure with a prayer to quash and set aside the criminal prosecution launched against the three applicants in Criminal Case No. 406 of 1990 before the learned Additional Chief Metropolitan Magistrate at Ahmedabad. The applicant No. 1 is a company and the applicants Nos. 2 and 3 are impleaded as the Chairman and the Managing Director of the applicant No. 1 company.

( 2 ) THE original complaint in Criminal Case No. 406 of 1990 is filed by the Superintendent of Customs (Prev.), Ahmedabad, and 16 other accused persons besides the applicants are implicated therein. The said complaint is filed expressly under the sanction of the Collector of Customs. It may not be necessary to go into details of all the contents and the allegations made against the accused in the said complaint. It is an admitted position that the office of the Collector of Customs (Prev.), Ahmedabad has issued a show cause notice on substantially the same allegations to 15 persons including the three applicants before this court. The learned advocates appearing for the respondents have fairly conceded that the basic facts and t












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