ASSISTANT COMMISSIONER OF CENTRAL EXCISE VELLORE Vs. MOHAMMED

JUDGEMENT

(1.) This Criminal Appeal has been filed against the judgment passed by the learned Judicial Magistrate No.I, Vellore in C.C.No.388 of 1998, dtd. 24/2/2015, dismissing the complaint for non-prosecution and consequently acquitting the respondents.

(2.) The Assistant Commissioner of Central exercise filed a criminal complaint against the accused persons on the ground that the accused persons had removed consignments without payment of duty in the year 1998 and thereby committed offence u/s. 9(ii)(bb) 9(i)(bbb) 9(i)(e) & 9(ii)(d) of the Central Exercise and Salt Act, 1944.

(3.) The summons was issued to the accused persons in the complaint and it was taken on file in C.C.No.388 of 1998 on 6/11/1998. The accused persons filed application u/s.245 (2) of Cr.PC., seeking for discharge and the same was dismissed by an order dtd. 23/1/2003. The same became a subject matter of challenge before this Court which was dismissed by an order dtd. 15/6/2004.