VENKATRAMAN T PAI Vs. C R SHAH

JUDGEMENT

(1.) Criminal Case No. 441 of 1987 has been pending in the Court of Additional Chief Metropolitan Magistrate, Ahmedabad* for offences punishable under Section 9 of the Central Excises And Salt Act, 1944 (hereinafter referred to as "Salt Act") in connection with various alleged breaches. In the said complaint an application was given at mark 5/25 with a prayer that Section 9- AA of the Salt Act be permitted to be added to the complaint. This application was heard and decided by the learned Additional Chief Metropolitan Magistrate on 3-1-1989 in favour of the complainant - Department.

(2.) Being aggrieved by this order, one of the accused of that case, filed Miscellaneous Criminal Application No. 141 of 1989 joining the original complainant as respondent No. 1 and the remaining accused of the said also as respondent No. 2 to 9. Later on, in the year 1992, original accused No. 5 who is respondent No. 4 in 1989 Criminal Misc. Application filed another Misc. Criminal Application No. 4869 of 1992 challenging that very order and hence both the matters are being dealt with together.

(3.) The 1989 matter being first in point of time and the Department having concentrated right from the beginning on that matter, in the course of hearing whatever reference was made to the position of record, it was in connection with said 1989 matter, though both the matters were heard together and are being disposed of by this common judgment.