ASHOK KUMAR AVROL Vs. UNION OF INDIA

JUDGEMENT

(1.) A Criminal Miscellaneous Application No. 92202 of 2011 has been moved for recalling the Order dated 29-7-2003 passed by Hon'ble Mr. Justice N.K. Mehrotra dismissing Criminal Miscellaneous Case No. 380 of 1994 in the absence of the counsel. Another Criminal Miscellaneous Application No. 108015 of 2011 has been filed for condoning the delay in moving the aforesaid application. I have heard Sri Amarjeet Rakhra, learned counsel for applicant and Sri Dipak Seth, learned counsel for respondents.

(2.) The facts in short are that Ashok Kumar Avrol and Chandra Prakash Khosla filed a petition under Section 482 Cr.P.C. (Criminal Misc. Case No. 380 of 1994) challenging the complaint and further proceedings of Case No. 676 of 1993, Union of India v. Ram Kumar Misra and Others, under Section 135 of the Customs Act, 1962, pending before the Special Chief Judicial Magistrate, Allahabad. The said petition was filed by Sri Virendra Bhatia, Advocate and interim order was also passed in the petition on 1-3-1995 whereby further proceedings pending before the Special Chief Judicial Magistrate, Allahabad were stayed. It appears that case was listed before Hon'ble Mr. Justice N.K. Mehrotra on 29-7-2003, who was pleased to pass the following order :-

(3.) Ultimately, while allowing the appeal, the Commissioner ordered that appellants are not liable to pay any penalty. This order of Commissioner's appeal has been confirmed by Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi vide order dated 8-5-2002.