PLASTICRAFT INDUSTRIES Vs. ASSISTANT COLLECTOR OF CENTRAL EXCISE

JUDGEMENT

(1.) THIS petition coming on for hearing upon perusing the Petition the counter affidavit filed herein on 6-3-90 and upon hearing the arguments of Mr. Mahesh Jet Malani for Mr. Raju K. Lukose Advocate for the Petitioners and of Mr. P. Raja Manickam, Central Government Public Prosecutor on behalf of the respondent and having stood over for consideration till this date, the court made the following order:- The Petitioner are the accused in CC No. 31 of 1989 pending on the file of the Judicial Magistrate, Poonamallee. The prosecution has been initiated against the petitioners on a private complaint preferred by the Assistant Collector of Central Excise, Headquarters Preventive Unit, Madras, the respondent herein, for violation of the provisions of the Central Excise Act and Rules framed thereunder.

(2.) THIS petition has been filed seeking to invoke inherent powers of this Court under Section 482 of the Criminal Procedure Code to quash the proceedings pending before the Court below as not maintained as well as an abuse of process of Court.

(3.) THE complaint against the petitioners, has been laid for offences under Section 9(1)(a) of the Central Excise Act, read with Section 6, read with Rule 174 of Central Excise Act, 9(1)(bb) of Central Excise Act read with Rule 9(1), 9(1)(bb) of Central Excise Act read with Central Excise Rule 52(A) under Section 9(1)(b) of Central Excise Act, 1944 read with Rules 173B, 173C, 173F, 173G, punishable respectively under Sections 9(1)(a)(i), 9(1)(bb)(i) (2 Counts) and 9(1)(b)(i) (4 counts of) of the Central Excise Act, 1944, as amended.