1. Search Case laws by Section / Act / Rule — now available beyond Income Tax. GST and Other Laws Available
2. New: “In Favour Of” filter added in Case Laws.
Try both these filters in Case Laws →
TaxTMI Login
🚀 New: Section-Wise Filter ✕
Just a moment...
1. Search Case laws by Section / Act / Rule — now available beyond Income Tax. GST and Other Laws Available
2. New: “In Favour Of” filter added in Case Laws.
Try both these filters in Case Laws →
Press 'Enter' to add multiple search terms. Rules for Better Search
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
<h1>Dismissal of Section 482 Petition Upheld, Emphasizes Avoiding Unnecessary Interference</h1> The petition challenging the orders based on Section 482 of the Code of Criminal Procedure was dismissed as lacking merit. The Court upheld the findings ... Prosecution - Criminal law - Revision Issues involved:1. Invocation of Section 482 of the Code of Criminal Procedure to set aside the order passed by the Additional Sessions Judge and Trial Court.2. Allegations of criminal conspiracy to obtain advance license by fraudulent means and mis-utilize imported material.3. Utilization of inherent powers of the Court under Section 482 of the Code of Criminal Procedure.4. Examination of evidence to establish criminal conspiracy and the prima facie case against the petitioner.Analysis:1. The petitioner invoked Section 482 of the Code of Criminal Procedure to challenge the order passed by the Additional Sessions Judge and Trial Court. The Trial Court found a prima facie case against the petitioner for offenses under Section 5 of the Impex Act and Section 120B of the Indian Penal Code. The petitioner's revision petition was dismissed, leading to the present petition.2. The respondent Deputy Chief Controller of Imports and Exports alleged a criminal conspiracy involving the petitioner and others to fraudulently obtain an advance license and mis-utilize imported material. The conspiracy involved false declarations, opening a bank account, arranging funds, and failing to re-export the material as per license conditions.3. The Court deliberated on the utilization of inherent powers under Section 482 of the Code of Criminal Procedure. While a second revision petition was barred, the Court referred to relevant judgments emphasizing that inherent powers should not serve as a substitute for a second revision. The Court highlighted the need to prevent abuse of process and secure the ends of justice judiciously.4. The Court examined the evidence and witness statements to determine the existence of a criminal conspiracy against the petitioner. Despite arguments challenging the conspiracy, the Court upheld the Trial Court's findings of a prima facie case. The Court refrained from re-appraising the evidence minutely, emphasizing that the interest of justice did not warrant interference with the lower court's decision.In conclusion, the petition challenging the orders based on Section 482 of the Code of Criminal Procedure was dismissed as lacking merit. The Court upheld the findings of the Trial Court regarding the existence of a prima facie case and declined to overturn the decision, emphasizing the need to avoid unnecessary interference akin to an appeal or revision process.
TaxTMI 
TaxTMI 
