Directorate Of Revenue ... vs Sunil Gulati & Anr.
2010 Latest Caselaw 5846 Del

               * IN THE HIGH COURT OF DELHI AT NEW DELHI

                                            Date of Reserve: 10th December, 2010
                                               Date of Order: December 22, 2010

+CRL.REV. P. 436 OF 2010
%                                                                    22.12.2010

       DIRECTORATE OF REVENUE INTELLIGENCE              ..... Appellant
                      Through: Mr Satish Aggarwala, Advocate

                       versus


       SUNIL GULATI & ANR                             ..... Respondent
                       Through: Mr. Chetan Lokur, Adv. with Mr. V.R.
                       Datar, Advocate for R-1 and R-2

JUSTICE SHIV NARAYAN DHINGRA

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporter or not?

3. Whether judgment should be reported in Digest?

JUDGMENT

1. Present revision petition has been filed by the petitioner against an

order of discharge in a case brought up by the petitioner against the

respondent in illegal export of foreign currency. Foreign currency worth `

41,22,050/- was seized from the respondent. The petitioner thereafter filed a

complaint under Section 135 (1) (a) of the Customs Act, 1962 and adduced

pre-summoning evidence, on which the accused was summoned and

thereafter pre-charge evidence was adduced and the accused was

discharged by the learned ACMM mainly on the ground that the sanction for

prosecution of respondent was given by the sanctioning authority in a

mechanical manner and it was not stated as to what material was considered

by the sanctioning authority at the time of grant of sanction and how

sanctioning authority came to know about the actual facts of the case. The

learned ACMM had passed a similar order in another case which was

assailed before this Court in Crl. Rev. P. 305 of 2010. This Court vide order

dated 25th October, 2010, found that the order passed by the learned ACMM

was patently illegal. The Judgment of this Court in Directorate of Revenue

Intelligence Vs. Mohd. Anwar squarely covers this revision petition. The order

dated 17th May, 2010, passed by the learned ACMM, discharging the accused

is set aside for the reasons given by this Court in the aforesaid judgment.

The parties are directed to appear before ACMM concerned on 7 th

January, 2011. The learned ACMM shall proceed with the trial.

DECEMBER 22, 2010                             SHIV NARAYAN DHINGRA, J.
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