Ashok Kumar Jalan And Another vs Union Of India & Anr
2023 Latest Caselaw 97 Cal

04.01.2023 Item No.10 Suman Ct.42

CRR 3141 of 2022

Ashok Kumar Jalan and Another Vs.

Union of India & Anr.

Mr. Satadru Lahiri Mr. Debaditya Banerjee Mr.Syed Wasim Faruque ..for the petitioner

Mr. Uttam Basak ..for the Union of India.

The issue that is germane in the instant

revision is as to whether a criminal complaint

being C.S. 1613 of 2020 under Sections 135 (1)

(a)(i)(A) and 135(1)(b)(i)(A) of the Customs Act

is liable to be quashed in view of final adjudication

by the Appellate Authority exonerating the

petitioner from the alleged offence.

In support of his contention learned

advocate for the petitioner refers to a decision of

the Hon'ble Supreme Court in Radheshyam

Kejriwal versus State of West Bengal and

another reported in (2011) 3 SCC 581. In

paragraph 38 of the said judgment the Hon'ble

Supreme Court has culled out the following

guidelines:-

"38. The ratio which can be culled out from

these decisions can broadly be stated as follows:

(i) Adjudication proceedings and

criminal prosecution can be

launched simultaneously;

(ii) Decision in adjudication

proceedings is not necessary

before initiating criminal

prosecution;

      (iii)    Adjudication       proceedings            and

               criminal         proceedings               are

               independent      in    nature    to       each

               other;

      (iv)     The   finding    against      the person

               facing     prosecution          in         the

               adjudication     proceedings         is    not

binding on the proceedings for

criminal prosecution;

(v) Adjudication proceedings by the

Enforcement Directorate is not

prosecution by a competent court

of law to attract the provisions of

Article 20(2) of the Constitution or

Section 300 of the Code of

Criminal Procedure;

(vi) The finding in the adjudication

proceedings in favour of the person

facing trial for identical violation

will depend upon the nature of

finding. If the exoneration in

adjudication proceedings is on

technical ground and not on merit,

prosecution may continue; and

(vii) In case of exoneration, however,

on merits where the allegation is

found to be not sustainable at all

and the person held innocent,

criminal prosecution on the same

set of facts and circumstances

cannot be allowed to continue, the

underlying principle being the

higher standard of proof in criminal

cases."

Since the petitioners have been exonerated by the

Appellate Authority, the issue as to maintainability of

the instant revision is to be looked in the instant

revision.

Therefore, the instant revision be admitted.

The petitioners are directed to serve notice

upon the opposite party No.2 under registered

speed post with A/D and file affidavit of service

within three weeks from the date of this order.

Since Union of India is represented by Mr.

Uttam Basak, learned advocate and copy of the

instant revision has already been served,

requirement of service is dispensed with.

In the meantime, further proceedings in

connection with Criminal Complaint Case

No.C.S./50097 of 2019 pending before the

learned Chief Metropolitan Magistrate, Calcutta be

stayed till 31st March, 2023.

(Bibek Chaudhuri, J.)