RAMNIKLAL PREMCHAND MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition is preferred under Article 227 of the Constitution of India and under section 482 of Criminal Procedure Code, challenging the process issued in Criminal Case No.90 of 1989, lodged against the petitioners.

(2.) A complaint was lodged by the respondent-Customs Officer in the Court of Judicial Magistrate, First Class, Daman, disclosing the offence punishable under section 135 of the Customs Act. It reveals that show-cause notice dated 7.4.88 was issued to the petitioner and the order on the said notice was passed on 16.11.89 It also reveals from the record that an appeal was preferred before the Addl. Collector of Customs. Simultaneously, Criminal proceedings were also launched against the petitioners. Therefore, the petitioners submitted that the petitioners-accused have been now exonerated by the order of the Under Secretary to the Government of India dated 29th October, 1992 passed in Appeal No.12013/1/91-ADJ-AC wherein it is observed as follows :-

(3.) IN view of the aforesaid facts and circumstances, the petition is allowed. The process issued by the learned J.M.F.C., Daman in Criminal Case No.90 of 1989 is quashed and set aside. Rule is made absolute. Stay shall stand vacated.