RENU SHARMA Vs. COLLECTOR OF CUSTOMS

JUDGEMENT

(1.) In this writ petition the petitioners have challenged the order dated 17th January, 1989 passed by Collector of Customs, New Delhi, respondent No. 1. By this order the said respondent rejected the application dated 19th December, 1988 filed on behalf on the petitioners requesting to order the withdrawal of the summons directing the petitioners to present themselves for cross examination by a co-noticee in the adjudication proceedings pending against the petitioners and Indian Express Newspapers (Bombay) Private Limited (hereinafter) referred to as "INBPL").

(2.) Briefly stated the facts of the .case are that the petitioners were served with a show cause notice dated 5th October, 1987 under the Customs Act, 1962 (hereinafter referred to as 'the Act') by the Collector of Customs staring therein that they had conspired along with INBPL to under invoice a Hell's colour scanner parchased by INBPL which resulted in the evasion of customs duty.

(3.) On 19th October, 1987 on the basis of the same allegations mentio- ned in the show cause notice, a criminal complaint was filed against the petitioners, INBPL and its Chairman and Managing Director under Section 120B of the Indian Penal Code read with Sections 135 (i) (a) and 132 of the Act.