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2026 Supreme(Online)(P&H) 77227

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



Advocates:
For the Appellants/Petitioners: Amit Jhanji, Kudrit Kaur Sara
For the Respondents: Sourabh Goel, Deify Jindal, Geetika Sharma, Himanshi Gautam, Reniet Malhotra

Criminal prosecution under the Central Excise Act cannot be permitted to continue once the competent appellate authority decides the underlying matter on merits in favor of the assessee, as the basis of the prosecution ceases to exist.

Headnote:The petition was filed under Section 482 of the Code of Criminal Procedure for quashing a criminal complaint and summoning order under Sections 9 and 9AA of the Central Excise Act, 1944. The petitioners were accused of manipulating PLA accounts and using fictitious TR-6 challans to fraudulently enhance credit limits, resulting in an alleged recoverable amount of Rs. 3,32,38,241/-. The court noted that the competent appellate tribunal (CESTAT) had subsequently decided the matter on merits, setting aside the demand of Rs. 1,69,38,241/- and holding that the petitioners did not contravene Rule 8(3A) of the Central Excise Rules, 2001. The primary issue was whether criminal proceedings can continue after the underlying demand and findings of contravention are set aside by a competent appellate authority on merits. The court reasoned that while civil adjudication and criminal prosecution can proceed simultaneously, the criminal prosecution cannot be permitted to continue once the very basis of the prosecution disappears due to a merit-based decision in favor of the assessee. Accordingly, in view of the facts and circumstances noticed hereinabove and in the light of the law laid down by the Coordinate Bench of this Court in CRM-M-53768 of 2007 decided on 09.05.2008, the present petition is allowed. Criminal complaint titled “Anil Swami Versus Dhillon Kool Drinks & Beverages Ltd. and others” dated 02.08.2008 pending in the Court of learned Chief Judicial Magistrate, Panipat, under Sections 9 and 9AA of the Central Excise Act, along with summoning order dated 07.01.2009 and all consequential proceedings arising therefrom, are hereby quashed.

##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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