TaxTMI 
TaxTMI 
2022 (12) TMI 488
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....at Olga Kozireva was arrested by the Officers of the Air Customs for offences punishable under Sections 132 and 135(1)(A) of the Customs Act, 1962 and thereafter the petitioner filed a prosecution against Olga Kozireva and nine others before ACMM, New Delhi for offences punishable under Sections 132 and 135 (1) (A) of the Customs Act, 1962. 3. Olga Kozireva after grant of bail has absented from the Court since 11.10.2007 as a result of which the concerned Trial Court issued the non-bailable warrant with the notice to her surety. As per Report received on 11.02.2008, the non-bailable warrant against Olga Kozireva was sent to the Home Ministry and thereafter the case was adjourned for awaiting the report on the non-bailable warrant issued ag....
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....int if the non-bailable warrants could not be executed. The Trial Court should have issued the coercive process against Olga Kozireva and required to be declared her as proclaimed offender. The impugned order is contrary to law. It is prayed that the order dated 03.07.2010 be set aside. 6. The perusal of the impugned order dated 03.07.2010 reflects that Olga Kozireva is not available in the country and his presence can be secured through extradition proceedings. The Ministry of External Affairs vide letter dated 20.10.2009 has requested the investigating agency i.e. the complainant to examine the case as per the Extradition Act, 1962 and a formal request of Extradition may be sent to the concerned Authorities. The Trial Court also observed....
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.... Trial Court to issue the proclamation against Olga Kozireva for appearance at specified place and at specified time. The Trial Court was not required to drop the proceedings as per the impugned order. The impugned order is not sustainable in law and accordingly set aside. The Trial Court is directed to take appropriate steps further in accordance with law in case the non-bailable warrant received unexecuted due to reason whatsoever. In view of the above facts and circumstances of the case, the present petition is accordingly disposed of. CRL.M.A. 9355/2022 (for vacating the direction of Hon'ble Court dated 09.04.2021) 1. It is stated in the application that the applicant who is impleaded as respondent no.2 was made an accused in the pres....