RAVINDRA KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has preferred this revision petition aggrieved by the order dated 27-9-2016 passed by the learned Special Judge, CBI cases, Jodhpur in Criminal Original Case No. 105/2005, vide which the application filed by the petitioner under Section 155(2) of the Customs Act, 1962 was rejected.

(2.) It is contended by counsel for the petitioner that the petitioner was a Customs Officer. He cleared certain goods, which were bearing sanction from the Textile Ministry and the goods were dispatched to Dubai and later on it was revealed that the value of the goods when exported from India was inflated.

(3.) It is also contended that only legal question is involved in this case, there is a bar under Section 155(2) of the Act and the Court below has not considered the judgments of the Apex Court reported in Public Prosecutor, Madras v. R. Raju and Anr., 1978 (2) E.L.T. (J 410) (S.C.) as well as of the Calcutta High Court in Ashok Kumar Singh v. State of West Bengal, 2016 (338) E.L.T. 255 (Cal.) and of the Punjab and Haryana High Court in Sunil Kumar v. Central Bureau of Investigation, 2016 (335) E.L.T. 399 (P and H). It is also contended that the facts of this case are squarely covered by the aforesaid judgment of the Calcutta High Court as no notice was given under Section 155(2) of the Act and thus, the Court below has committed serious illegality in rejecting the application under Section 155(2).