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xi. It is stated that an application under Section 265-B Cr.P.C. was moved by the Respondent herein on 02.09.2021 for plea bargaining. A Reply dated 22.09.2021 was filed wherein Air Customs (Petitioner herein) stated that the application for plea bargaining was maintainable. The Reply further recommended that the application for plea bargaining be dismissed and instead the accused (Respondent herein) should follow the procedure of compounding of offences under Section 137(3) of the Customs Act, 1862. However, as the accused (Respondent herein) was accepting the guilt, she could consider the option of pleading guilty. xii. It is stated that accordingly, the Respondent's statement, statement of Mr. Ulybek Tulekin, Second Secretary, Head of Consular Section from the Embassy of Kazakhstan, statement of Air Customs Officer, Shri Anuj Kumar, and Statement of Senior SPP for the Customs Department, Satish Aggarwala was recorded. Consequently, the Mutually Satisfactory Disposition (MSD) dated 24.09.2021 stated as follows:

8. The learned Counsel for the Respondent argues that the consent for plea bargaining had been categorically given by the Office of Commissioner of Customs as well as the Special Public Prosecutor for Customs, and that the procedure for plea bargaining has been duly followed. She submits that after consenting to plea bargaining, the Customs Department cannot now state that the Air Customs Officer and the SPP were not authorized to give their consent. She submits that the proper procedure under Chapter XXIA of the Cr.P.C. has been followed and the Respondent has already deposited the fine that has been imposed on her by the Ld. Trial Court.

(x) The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

(xi) Offences mentioned in the Protection of Civil Rights Act, 1955

(xii) Offences listed in Sections 23 to 28 of the Juvenile Justice (Care and Protection of Children) Act, 2000

(xiii) The Army Act, 1950

(xiv) The Air Force Act, 1950

(xv) The Navy Act, 1957 (xvi) Offences specified in Sections 59 to 81 and 83 of the Delhi Metro Railway (Operation and Maintenance) Act, 2002 (xvii) The Explosives Act, 1884 (xviii) Offences specified in Sections 11 to 18 of the Cable Television Networks (Regulation) Act, 1995 (xix) Cinematograph Act, 1952 265-B. Application for plea bargaining.--(1) A person accused of an offence may file an application for plea bargaining in the Court in which such offence is pending for trial.

13. Section 256-A stipulates the application of Chapter XXIA. It states that the Chapter is not applicable to cases involving socio-economic offences under a law which has been notified by the Central Government or offences that have been committed against a woman, or a child below fourteen years of age. Section 265-B lays down the requirements for instituting an application for plea bargaining by an accused, and the process thereafter. Section 265-C lays down the procedure that must be followed by the Court for working out an MSD, and Section 265-D talks about how the MSD report is to be submitted before the Court. Section 265-E entails the manner in which the Court is to dispose of a case after a MSD has been worked out. Section 265-F states that the Court shall deliver its judgement in terms of Section 265-E in open Court and the same shall be signed by the Presiding Officer of the Court. Section 265-G states that the judgement will be final and no appeal shall lie against it (except an SLP or a writ under Article 136 and Articles 226 & 227 of the Constitution of India, respectively). Section 265-H delineates the power of the Court in plea bargaining. Section 265-I states that the period of detention undergone by the accused is to be set off against the sentence of imprisonment. Section 265-K notes that the statements or facts used by an accused in their application for plea bargaining shall not be used for any other purpose.