2024 (9) TMI 128

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....r the Respondent : None   MANJARI NEHRU KAUL, J. 1. The instant petition has been filed under Section 482 Cr.P.C. seeking quashing of Complaint No. COMA/7258/2021 (Annexure P-1) pending before the learned Chief Judicial Magistrate, Ludhiana along with all consequential proceedings including order framing charges dated 20.02.2024 (Annexure P-12). 2. Learned counsel for the petitioners....

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....uments, including the invoice, packing list, bill of lading, and certificates confirming Iraq as the origin of the goods. 4. Furthermore, it has been urged by the learned counsel that the petitioners acted in good faith, with no mala fides, as evidenced by the proper declarations and supporting documents. Learned counsel has, in support, drawn the attention of this Court to the different docume....

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....unsel that the petitioners had ordered 'dry small dates' from Iraq and relied on the suppliers' documentation, which consistently confirm Iraq as the origin of the goods. The petitioners even sought verification from the supplier, who confirmed on 20.12.2019 that the goods were not of Pakistani origin. There is no evidence to suggest otherwise. 6. It has been further argued that the leaned tria....

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....ce. At this stage, the Court cannot go beyond the allegations made in the complaint by examining the defence presented by the accused/petitioner, nor can it consider the material relied upon by the petitioner. In the present case, as per allegations levelled in the complaint, the petitioner deliberately provided incorrect information about the country of origin of the goods in question, stating it....