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1 - 10 of 19 (0.32 seconds)Section 120B in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Section 420 in The Indian Penal Code, 1860 [Entire Act]
The Prinicipal Commissioner Of Customs ... vs Kismat Clearing Agency on 19 April, 2018
24.The learned senior counsel for the petitioner further contended that the goods covered under the bills of entry in the present case have already been cleared, after paying customs duty and handed over to importer and in such circumstances, no criminal liability could be fixed on this petitioner and in support of t he same, he relied upon the judgment of the High Court of Bombay reported in 2015 (326) ELT 548, (Bom.) (Commissioner of Customs (General) Vs. Sainath Clearing Agency), wherein, it is held as follows:
State Of Maharashtra Etc. Etc vs Som Nath Thapa, Etc. Etc on 12 April, 1996
27.The learned Special Public Prosecutor has also relied upon the ruling reported in 1996 Cri.L.J 1125 (State of Maharashtra and others Vs. Som Nath Thapa and others), wherein, it is held as follows:
Sheoraj Singh Ahlawat & Ors vs State Of U.P.& Anr on 9 November, 2012
If on the basis of materials on record, a Court come to the conclusion that commission of the offence is a probable consequence, a case for framing of charge exists. To put it differently, if the Court were to think that the accused might have committed the offence it can frame the charge, though for conviction the conclusion is required to be that the accused has committed the offence. It is apparent that at the stage of framing of a charge, probative value of the materials on record by the prosecution has to be accepted as true at that stage.
Similarly, he relied upon the ruling of the Apex Court reported in AIR 2013 Supreme Court 52 (Sheoraj Singh Ahlawat and others Vs. State of Uttar Pradesh and another), in support of his contention.