IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Mandeep Pannu, J
M/S DHILLON KOOL DRINKS AND BEVERAGES LTD AND OTS – Appellant
Versus
GOVT OF INDIA CENTRAL EXCISE DEPARTMENT – Respondent
CRM-M-40724-2016
##PAGE1##
CRM-M-40724-2016 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-40724-2016
Reserved on:-18.05.2026
Pronounced on:-25.05.2026
Uploaded on:- 26.05.2026
Whether only operative part of the judgment is
Pronounced or the full judgment is pronounced: operative part/full judgment
M/S DHLLON KOOL DRINKS AND BEVERAGES LTD. AND ORS.
...Petitioners
Versus
GOVT. OF INDIA, CENTRAL EXCISE DEPARTMENT
....Respondent
CORAM: HON'BLE MS. JUSTICE MANDEEP PANNU
Present:- Mr. Amit Jhanji, Sr. Advocate, with
Ms. Kudrit Kaur Sara, Advocate
for the petitioners.
Mr. Sourabh Goel, Sr. Standing Counsel, CBIC with
Ms. Deify Jindal, Ms. Geetika Sharma, Advocates,
Ms. Himanshi Gautam, Mr. Reniet Malhotra, Advocates
for the respondent.
*****
MANDEEP PANNU, J.
1. Present petition has been filed under Section 482 Cr.P.C. for
quashing of impugned criminal complaint titled “Anil Swami Versus Dhillon
Kool Drinks & Beverages Ltd. and others” dated 02.08.2008 (Annexure
P/5) under Sections 9 and 9AA of the Central Excise Act, pending in the
Court of learned Chief Judicial Magistrate, Panipat, as well as summoning
order dated 07.01.2009 (Annexure P/6) passed therein.
ANU
2026.05.26 10:26
I attest to the accuracy and
integrity of this document
Chandigarh
##PAGE2##CRM-M-40724-2016 2
2. Briefly stated, the complaint was filed by the Assistant
Commissioner, Central Excise, Panipat, against the present petitioners under
Sections 9 and 9AA of the Central Excise Act, 1944 alleging that petitioner
No.1-Company was engaged in manufacturing aerated water (Pepsi) at its
factory situated at Village Asgarpur, G.T. Road, Panipat and was holding
Central Excise registration for manufacture of aerated water. It was alleged
in the complaint that the Deputy Commissioner, Central Excise Division,
Sonepat had earlier withdrawn the facility of fortnightly payment of duty
and payment of duty through RG-23A Part-II for a specified period.
However, despite the said order, the accused persons allegedly started
showing payment of Central Excise duty by manipulating entries in the PLA
account without actually depositing the requisite amount in the designated
bank. The further allegations in the complaint are that the accused persons
cleared goods involving Central Excise duty by making fictitious debit
entries in their account current and fraudulently enhanced the credit limit in
the PLA account on the basis of fictitious TR-6 challans without actual
deposit of duty amount. It was alleged that in this manner inadmissible
credit to the tune of Rs.1,63,00,000/- was taken and credit amounting to
Rs.1,69,38,241/- was wrongly utilized, thereby causing total recoverable
amount of Rs.3,32,38,241/-. It was further alleged that during investigation
and inspection conducted by the department, the accused persons failed to
produce relevant TR-6 challans and statements of the concerned officials
were recorded. A show cause notice was thereafter issued and, pursuant to
adjudication proceedings, duty amounting to Rs.1,69,38,241/- along with
penalty was confirmed against the accused persons. On the basis of the
ANU
2026.05.26 10:26
I attest to the accuracy and
integrity of this document
Chandigarh
##PAGE3##CRM-M-40724-2016 3
aforesaid allegations, the present complaint came to be instituted against the
petitioners.
3. Learned counsel for the petitioners contends that the entire
dispute pertains to adjudication under the Central Excise Act and the
petitioners had already deposited the duty amount along with interest much
prior to issuance of the show cause notice. It is further contended that the
adjudication order dated 11.10.2006 was initially passed ex parte by the
Commissioner, Central Excise, against which the petitioners preferred an
appeal before the learned CESTAT and the matter was remanded for fresh
adjudication vide order dated 09.04.2007. It is further contended that
thereafter fresh order dated 19.11.2007 was passed by the Commissioner
confirming the demand and imposing penalty, against which the petitioners
again preferred appeal before the learn
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