Concessional penalty for search-disclosed unreconciled jewellery applies where substantive disclosure conditions are met despite omission from origina...
The HC allowed the criminal revision, set aside the impugned order of the ACJM and discharged the petitioner/accused. The Court found a substantial defect in territorial jurisdiction under Section 124(1)(b) ITA, rendering proceedings vitiated; the sanction order authorized only one offence while the complaint alleged additional offences beyond its scope, making prosecution untenable at threshold. The Trial Court erred in treating delay in seeking discharge as fatal and in declining to consider jurisdictional and sanction infirmities under Section 245 CrPC. The HC held these foundational defects warranted discharge and quashed the proceedings against the petitioner/accused.
The HC allowed the criminal revision, set aside the impugned order of the ACJM and discharged the petitioner/accused. The Court found a substantial defect in territorial jurisdiction under Section 124(1)(b) ITA, rendering proceedings vitiated; the sanction order authorized only one offence while the complaint alleged additional offences beyond its scope, making prosecution untenable at threshold. The Trial Court erred in treating delay in seeking discharge as fatal and in declining to consider jurisdictional and sanction infirmities under Section 245 CrPC. The HC held these foundational defects warranted discharge and quashed the proceedings against the petitioner/accused.
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