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Supreme Court - Daily Orders

The Assistant Commissioner Of Central ... vs M/S Sri Jayalakshmi Printing Mills on 21 October, 2019

Bench: Mohan M. Shantanagoudar, Ajay Rastogi

                                                         1

      ITEM NO.19                               COURT NO.12                          SECTION II-C

                                 S U P R E M E C O U R T O F I N D I A
                                           RECORD OF PROCEEDINGS

           SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 34581/2019
      (Arising out of impugned final judgment and order dated 24-09-2018
      in CRLA No. 710/2013 passed by the High Court Of Judicature At
      Madras)

      THE ASSISTANT COMMISSIONER OF CENTRAL EXCISE ERODE Petitioner(s)

                                                     VERSUS

      M/S SRI JAYALAKSHMI PRINTING MILLS & ANR.                                     Respondent(s)

      ( IA No.159063/2019-CONDONATION                         OF    DELAY     IN    FILING   and     IA
      No.159064/2019-STAY APPLICATION )

      Date : 21-10-2019 This petition was called on for hearing today.

      CORAM :                HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
                             HON'BLE MR. JUSTICE AJAY RASTOGI

      For Petitioner(s)                 Mr.   K.K. Venugopal, AG
                                        Mr.   Sanjay Jain, ASG
                                        Mr.   S.A. Haseeb, Adv.
                                        Mr.   Ankur Talwar, Adv.
                                        Mr.   B. Krishna Prasad, AOR

      For Respondent(s)

                         UPON hearing the counsel the Court made the following
                                                 O R D E R

Delay condoned.

It is brought to the notice of this Court that the respondent in the criminal appeal before the High Court died on 12.07.2015 and in that view of the matter, the notice was not served on him. The appeal came to be dismissed as withdrawn by the State before the High Court.

Signature Not Verified

The High Court curiously passed certain strictures and Digitally signed by GULSHAN KUMAR ARORA Date: 2019.10.23 imposed 16:07:47 IST Reason: certain punishments on the officers of the department without any valid reason. It seems, the death of the respondent before the High Court was brought to the notice of the High Court. 2 Despite the same, such strictures and disciplinary action is directed to be taken against the erring officers.

Having regard to the material placed on record, it is not a fit case to proceed against the officers of the department. Accordingly, the strictures passed against the officers as well as the observation relating to conduct of disciplinary proceedings against the officials stand deleted.

The special leave petition stands disposed of. Pending applications, if any, stand disposed of accordingly.




(GULSHAN KUMAR ARORA)                                     (R.S. NARAYANAN)
     COURT MASTER                                           COURT MASTER