Rajasthan High Court - Jodhpur
Narayan Lal Agarwal vs Superintendent (Prosecution) Central ... on 15 October, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1379/2025
Narayan Lal Agarwal S/o Shri B L Agarwal, Aged About 63 Years,
54, Zink Park, District Udaipur, Rajasthan Having Been Director
Of Silver Chemicals Having Address At Bichadi, District Udaipur,
Rajasthan.
----Petitioner
Versus
Superintendent (Prosecution) Central Excise And Customs
Department, Jaipur.
----Respondent
For Petitioner(s) : Dr. Sachin Acharya, Sr. Adv. assisted
by Mr. Ramdev Rajpurohit
For Respondent(s) : Mr. Kuldeep Vaishnav, Senior standing
counsel for Central Excise & Customs
Department, Jaipur
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
15/10/2025
Heard.
Admit.
Issue notice.
Learned Senior Standing Mr. Kuldeep Vaishnav, appearing on
behalf of Central Excise & Customs Department, Jaipur accepts
notice on behalf of sole respondent, therefore service is complete.
Call for record.
The matter comes up consideration of S.B. Criminal
Suspension of Sentence Application (Revision) No.332/2025 in
S.B. CRLR No.1379/2025 under Section 438/442 of BNSS has
been filed against the judgment of conviction and sentence dated
02.11.2004, passed by the learned Additional Chief Judicial
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Magistrate (Economic Offences), Jodhpur in Criminal Case
No.59/1998 as affirmed by the learned Additional Session Judge
No.6, Jodhpur Metropolitan, Jodhpur vide judgment dated
07.10.2025 in Criminal Appeal No.80/2014.
Learned counsel for the petitioner has relied upon Circular
No. 15/90-CX.6 dated 09.08.1990 issued by the Central Board of
Excise & Customs, Ministry of Finance (Department of Revenue),
Government of India, annexed at Page 49 of the documents,
which explicitly prescribes the procedure for prosecution. Despite
this clear directive, proceedings have been initiated against the
petitioner without obtaining the requisite prosecution sanction. It
is further submitted that the petitioner raised this specific
objection at the appropriate stage of the trial; however, the
learned trial court failed to duly consider or address the same.
Moreover, the hearing of the revision petition is likely to take a
significant time. Therefore, the sentence awarded to the petitioner
may be suspended.
Per contra, learned Senior Standing counsel Mr. Kuldeep
Vaishnav appearing on behalf of the sole respondent Central
Excise & Customs Department, Jaipur has vehemently opposed
the prayer made by learned counsel for the petitioner.
Heard learned counsel for the parties and perused the
material available on record.
Having regard to the facts and circumstances of the case so
also the facts and grounds raised in the instant petition; the
hearing of the revision petition, preferred by the petitioner against
the impugned judgment shall take sufficient time, I consider it just
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and proper to suspend the sentence awarded to the accused-
petitioner.
Accordingly, the application S.B. Criminal Suspension of
Sentence Application (Revision) No.332/2025 under Section
438/442 of BNSS is allowed and it is ordered that the sentence
passed by the learned Additional Chief Judicial Magistrate
(Economic Offences), Jodhpur vide judgment dated 02.11.2004 in
Criminal Case No.20/2019, as affirmed by the learned Additional
Session Judge No.6, Jodhpur Metropolitan, Jodhpur vide judgment
dated 07.10.2025 in Criminal Appeal No.03/2023, against
accused-petitioner - Narayan Lal Agarwal S/o Shri B L
Agarwal, shall remain suspended till final disposal of the
aforesaid revision petition and the petitioner shall be released on
bail provided he executes a personal bond in the sum of
Rs.50,000/- with two sureties of Rs.20,000/- each to the
satisfaction of the learned trial Judge for his appearance in this
Court on 17.11.2025 and whenever ordered to do so, till the
disposal of the petition on the conditions indicated below:-
1. That he/they will appear before the trial Court in
the month of January of every year till the
petition is decided.
2. That if the petitioner changes the place of
residence, he/they will give in writing his/their
changed address to the trial Court as well as to
the counsel in the High Court.
3. Similarly, if the sureties change their address,
they will give in writing their changed address to
the trial Court.
The learned trial Court shall keep the record of attendance of
the accused-petitioner in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
petitioner was tried and convicted. A copy of this order shall also
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be placed in that file for ready reference. Criminal Misc. file shall
not be taken into account for statistical purpose relating to
pendency and disposal of cases in the trial Court. In case the said
accused-petitioner does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
A copy of this order be placed in the file of Suspension of
Sentence.
(MUKESH RAJPUROHIT),J
488-mSingh/-
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