UNION OF INDIA Vs. ABDUL ZARKHAN

JUDGEMENT

(1.) THIS judgment shall govern the disposal of the aforesaid appeals. In the aforesaid appeals, a common question of law is involved, as such, they have been heard together and being disposed of by the common judgment.

(2.) THE appellant-Union of India has directed the aforesaid appeals against the judgments dated June 25, 1992, and December 22, 1992, rendered by the ACJM (Economic Offences), Indore, respectively, in Criminal Case No. 95 of 1988 and Criminal Case No. 60 of 1990, whereby the learned magistrate acquitted the accused-respondents of the offences punishable under Section 276DD read with Section 278B of the Income-tax Act.

(3.) CONSIDERING the submissions of learned counsel and on perusal of the record, it emerged that the impugned judgments of the trial court does not require any interference, as the matter in controversy stands fully resolved from the law laid down by the apex court in the case of Kolhapur Cane Sugar Works Ltd. v. Union of India, AIR 2000 SC 811 and the decision of this court in the case of Parmanand Das Brij Bhushan Das v. Union of India [2001] 249 ITR 328 (common order dated February 14, 2001, in Criminal Revision No. 528 of 1997 and other connected matters)