same is also in violation of the provisions of Section 300 Cr.P.C., which has
been discussed by the Supreme Court in the case
prosecuted and punished for the same
offence more than once. Section 300 Cr.P.C lays down that a person once
convicted or acquitted, cannot ... against the Payment of Gratuity Act, 1972 and also it violates Article 300-
A of the Constitution, since the pensionary right as the right
discharge ensues. However, the fact that the discharge does not preclude in Cr.PC a fresh trial on the same offences alleged against the accused ... second prosecution or conviction by way of implication of Section 300 Cr.P.C.
14. In such view of the matter the contentions raised
violation of Article 20 of the Constitution and Section 300
CrPC. The applicant was set free but the respondents have initiated
disciplinary proceedings
additional documents - viz., the rule to enable
Respondents to override section 300 of Cr.P.C., 1973
and open closed matters ; official documents such
Indian
Constitution vis. a vis. Article 300 of the Criminal Procedure
Code , for which alone the order of Principal Commissioner of
Customs is unsustainable ... Clause 2
of the Indian Constitution or Section 300 of the Code of
Criminal Procedure, 1973 would only be taken as a shield
against completion
amount to acquittal within the meaning of section 300 of the
Code of Criminal Procedure, 1973 (2 of 1974)."
The very reading ... amount to acquittal within the meaning of Sec. 300 of the Code of
Criminal Procedure, 1973. There is no reason to doubt the finding
shall be instituted or continued
against such consumer or person in any criminal court.
(3) The acceptance of the sum of money for
compounding ... amount to
an acquittal within the meaning of section 300 of the Code of Criminal
Procedure, 1973 (2 of 1974).
(4)
The compounding
criminal prosecution can be
launched simultaneously;
(ii) Decision in adjudication proceeding is not necessary before
initiating criminal prosecution;
(iii) Adjudication proceeding and criminal proceeding ... Article 20 (2) of the Constitution or Section 300 of the Code of
Criminal Procedure;
(vi) The finding in the adjudication proceeding in favour
provisions of the Code of Criminal Procedure relating
to searches and section 100(4) of the Code of Criminal Procedure provides
that the officer making ... were not from the locality, the procedure
contemplated under section 100(4) of the Code of Criminal Procedure was
not followed and so the search