Page 132 - ELT_1st July 2020_Vol 373_Part 1

42 EXCISE LAW TIMES [ Vol. 373

an abuse of the process of the Court. Accordingly, the Criminal proceedings be-
ing G.R. Case No. 2034 of 2010 under Sections 384/411/34 of the Indian Penal
Code pending before the Learned Additional Chief Judicial Magistrate,
Murshidabad, are hereby quashed. As a result, the Revisional Application being
CRR 3463 of 2015 is allowed.
26. Urgent certified photocopy of this judgment and order, if applied
for, be supplied to the parties upon compliance with all requisite formalities.
_______

2020 (373) E.L.T. 42 (Cal.)

IN THE HIGH COURT AT CALCUTTA
Rajarshi Bhardwaj, J.
RUJIRA NAROOLA
Versus
UNION OF INDIA
W.P. No. 7489 (W) of 2019, decided on 4-4-2019
Investigation - Parallel investigation by Police and Customs for same
offence challenged- Police investigating matter on complaint by Customs after
obtaining permission from Chief Judicial Magistrate under Section 155 of
Code of Criminal Procedure, 1973 - Issue of summons by Customs under Sec-
tion 108 of Custom Act, 1962 for same offence under Section 133 ibid whether
proper - Customs Authorities restrained from taking any coersive action with-
out the leave of the Court. [paras 5, 6]
Summons - Challenge to - On ground that void ab initio as before is-
suance of such summons Joint Commissioner of Customs himself did not form
independent opinion - HELD : Pending challenge to summons before High
Court, noticee directed to respond to summons - However, Department di-
rected not to take any coercive action without leave of High Court - Section 108
of Customs Act, 1962. [para 8]
Case adjourned
REPRESENTED BY : S/Shri S.N. Mukherjee, Senior Advocate, Sanjay
Basu, Arijit Chakraborty, Samik Chakraborty,
Anil Kumar Nag, Piyush Agrawal and D.
Bhanduri, for the Petitioner.
S/Shri Ravi Prakash, Senior Central Govt. Standing
Counsel, Abhratosh Majumdar, AAG, Partha
Chakraborty, T.M. Siddiqui, Prithu Dudhoria, Avra
Majumder, Amitabrata Roy, K.K. Maity, Aman
Malik and Bhaskar Prasad Banerjee, for the
Respondent.
[Order]. - Learned Senior Counsel appearing for the petitioner submits
that the petitioner is a Thai National and a summons under Section 108 of the
Customs Act, 1962 has been issued to the petitioner on 26th March, 2019 direct-
ing the petitioner to appear before the Additional Commissioner of Customs
(Airport & Admin.) Customs House, Kolkata on 8th April, 2019. Learned Coun-
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