JUDGMENT Petition under Section 382 of the Cr.P.C, praying that in the circumstances stated in the affidavit filed therewith the High Court will be pleased to call for the records in C.C. No. 46/1993 filed before the Special Judge for Economic Offences, Hyderabad, and quash the same.
2. The petition coming on for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. V. Jogayya Sarma, Advocate for the petitioners and of Mr. V. Gopala Krishna, Spl. Public Prosecutor for Customs & Central Excise on behalf of the respondents. The Court made the following orders:--
3. The petitioners herein were the accused in C.C. No. 46 of 1993 pending on the file of the Special Judge, Economic Offences, Hyderabad. The prosecution was filed on the strength of adjudication made by the Collector, Customs, on 27.1.1992. The said order was set aside by the appellate authority and was remanded back for passing fresh orders.
4. Under the circumstances, it was submitted that the prosecution pending now cannot be maintained. This Court agrees with the submissions made by the learned counsel for the petitioners and quashes C.C. No. 46 of 1993 pending on the file of the Special Judge for Economic Offences, it will not be a hurdle in the way of the Commissioner of Customs and Central Excise to file a fresh prosecution depending upon the order of adjudication and sanction passed, by application of mind.