Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Section 482 CrPC is described as a safeguard against misuse of criminal process, but not as a licence for threshold appreciation of evidence. In a dispute arising from import, customs clearance and later fiscal proceedings, the absence of original transit declarations, forensic or handwriting material, and proof that either petitioner authored the disputed signatures meant forgery under Sections 463, 464 and 468 IPC was not disclosed. The complaint also failed to show deception at the inception of the transaction, cheating by personation or conspiracy. The criminal case was treated as an abuse of process and the FIR, charge-sheet and cognizance order were quashed.
Section 482 CrPC is described as a safeguard against misuse of criminal process, but not as a licence for threshold appreciation of evidence. In a dispute arising from import, customs clearance and later fiscal proceedings, the absence of original transit declarations, forensic or handwriting material, and proof that either petitioner authored the disputed signatures meant forgery under Sections 463, 464 and 468 IPC was not disclosed. The complaint also failed to show deception at the inception of the transaction, cheating by personation or conspiracy. The criminal case was treated as an abuse of process and the FIR, charge-sheet and cognizance order were quashed.
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