Union Of India vs Ramashanker Dubey
2023 Latest Caselaw 17907 MP

                                                            1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                      BEFORE
                                          HON'BLE SHRI JUSTICE SHEEL NAGU
                                              ON THE 27 th OF OCTOBER, 2023
                                          MISC. CRIMINAL CASE No. 800 of 2022

                           BETWEEN:-
                           UNION OF INDIA THR. COMMISSIONER CUSTOMS AND
                           CENTRAL EXCISE BHOPAL (MADHYA PRADESH)

                                                                                        .....APPLICANT
                           (BY SHRI HIMANSHU SHRIVASTAVA - ADVOCATE)

                           AND
                           1.    RAMASHANKER DUBEY S/O RAM NARESH DUBEY
                                 R/O JANATA QUARTER AISBHAGH BHOPAL
                                 (MADHYA PRADESH)

                           2.    GURMEET SINGH ALIAS KALI, ALIAS MICHEL S/O
                                 NOT   MENTION R/O 15, ALAPUR, INDORE
                                 (MADHYA PRADESH)

                           3.    SUKHDEV SINGH S/O LATE SARDAR SARVAN
                                 SINGH R/O 8, BRAHAMPURI (MADHYA PRADESH)

                           4.    SANDEEP SUD S/O AMRAT SAGAR SUD R/O 4, R K
                                 PURAM, INDORE (MADHYA PRADESH)

                           5.    LIAKNATH SHAH S/O NOT MENTIONED R/O
                                 SHAHJADIBAG, EXTENSION, DAYA BASTI, DELHI
                                 (DELHI)

                                                                                     .....RESPONDENTS
                           (BY SHRI INDRA K. PATEL - ADVOCATE FOR RESPONDENTS NO.1, 2 & 3
                           AND SHRI SHIVANSH CHOUKSEY - ADVOCATE FOR RESPONDENTS NO.
                           4 & 5)

                                 This application coming on for admission this day, the court passed the
                           following:
                                                             ORDER

Learned counsel for the Prosecuting Agency is heard on the question of Signature Not Verified Signed by: PRIYANKA PITHAWE Signing time: 10/30/2023 5:38:13 PM

admission to the present application seeking leave to file an appeal against the impugned judgment of acquittal dated 10.07.2018 in respect of respondents No. 1, 2 and 3 only passed in Criminal Case No.44/97 by Judicial Magistrate, Bhopal.

2. Learned Prosecuting Agency by pointing out to the interlocutory order dated 22.02.2018 on the erstwhile Presiding Officer submits that after recording of evidence and considering the documentary evidence on record, the erstwhile Presiding Officer, Judicial Magistrate, First Class, Bhopal has prima-facie held the charges to be proved under Section 135(b)(ii) read with Section 136 of the Customs Act, 1962. The said JMFC, after hearing the final arguments and after

forming the aforesaid prima-facie opinion of guilt of the acquitted accused refrained from proceeding ahead for want of jurisdiction since the charges found to be proved attracted punishment which was beyond the jurisdictional purview of JMFC. Accordingly, the JMFC referred the matter to CJM.

3. The Chief Judicial Magistrate has passed the impugned order of acquittal on 10.07.2018.

4 . In view of the above and after hearing learned counsel for the prosecuting Agency, this Court is of the considered view that sufficient grounds are made out for granting leave to the Prosecuting Agency to file an appeal.

5. Accordingly, leave is granted to the Prosecuting Agency.

6. The present M.Cr.C. stands allowed.

7. Registry is directed to convert this M.Cr.C. into Criminal Appeal and register the same. Let the Criminal Appeal be listed for admission.

(SHEEL NAGU) Signature Not Verified Signed by: PRIYANKA PITHAWE Signing time: 10/30/2023 5:38:13 PM

JUDGE Priya.P

Signature Not Verified Signed by: PRIYANKA PITHAWE Signing time: 10/30/2023 5:38:13 PM