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of <h1>Respondents acquitted due to lack of evidence and procedural errors in Central Excise case</h1> <h3>ASSTT. COLLR., C. & CE. DIVISION Versus PAMWI SPECIALTY AND TISSUE PAPER LTD.</h3> ASSTT. COLLR., C. & CE. DIVISION Versus PAMWI SPECIALTY AND TISSUE PAPER LTD. - 2012 (281) E.L.T. 656 (H. P.) Issues:1. Alleged misuse of Central Excise Duty concession.2. Failure to prove prosecution sanction against the respondents.3. Lack of evidence and procedural errors leading to discharge of the accused.4. Closure of evidence without reasonable opportunity to the complainant.Analysis:Issue 1: Alleged misuse of Central Excise Duty concessionThe petitioner filed a complaint under Section 9 of the Central Excise and Salt Act, 1944 against the respondent company for availing concessional rate of duty on paper not meeting specified raw material requirements. The company was found to have wrongly availed the benefit of the concessional rate by using imported wood pulp instead of the required material. The show cause notice was issued, alleging a substantial amount of duty evasion by the company. The respondents were summoned, and in the pre-charge evidence, it was established that the company had indeed availed the concession through misrepresentation.Issue 2: Failure to prove prosecution sanction against the respondentsThe Judicial Magistrate noted that the prosecution sanction against the respondents was not adequately proved. The Circular No. 15/90-CX.6, dated 9-8-1990, mandates a specific procedure for prosecution sanction, including careful preparation of an investigation report and obtaining approval from the Principal Collector. The lack of proper documentation regarding prosecution sanction raised doubts about the validity of the charges brought against the accused.Issue 3: Lack of evidence and procedural errors leading to discharge of the accusedThe Judicial Magistrate observed significant gaps in the evidence presented by the complainant. It was noted that there was no record of the raiding party members present during the inspection at the company premises. Additionally, crucial witnesses, such as those from the firms supplying raw materials to the company, were not examined. The Magistrate also highlighted the failure to prove the issuance of the show cause notice within the prescribed time. These deficiencies in evidence and procedural lapses led to the discharge of respondents No. 1, 2, and 3 from the charges under Section 9 of the Act.Issue 4: Closure of evidence without reasonable opportunity to the complainantThe Judicial Magistrate's decision to close the evidence of the complainant after only two opportunities was deemed improper. Considering the seriousness of the allegations and the public servants involved as witnesses, the Magistrate was criticized for not granting additional opportunities to produce evidence. The High Court set aside the order dated 31-3-2011, directing the trial court to allow the complainant one more opportunity to present the pre-charge evidence, emphasizing the importance of a fair and thorough trial process.In conclusion, the judgment highlighted the importance of proper evidence, procedural adherence, and fair opportunities for all parties in criminal proceedings involving allegations of duty evasion and misuse of concessions under the Central Excise and Salt Act, 1944.
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