Court : Chennai
Decided on : Apr-30-1983
Reported in : 1986(23)ELT363(Mad)
1. All the above appeals are listed before us in pursuance of the reference made by Maheswaran, J., in Criminal Appeal No. 688 to 1976, disagreeing with the view expressed by Suryamurthy, J., inAssistant Collector of Central Excise, Vellore Division, Vellore v. R. Padmanabhan (judgment of this Court in Criminal Appeal No. 808 of 1976 dated 20th December, 1979), on the question whether the officer of the customs department would be an agency empowered to made investigation into an offence under the provisions of the Customs Act, within the meaning of Section 377(2) of the Code of Criminal Procedure and whether an appeal preferred at the instance of such as officer on the ground of the inadequacy of the sentence awarded, is maintainable.2. Before adverting to the important legal question raised before us, the brief facts of these four appeals, in which the same question of law is involved, may be stated.3. Criminal Appeal No. 688 of 1976. - This appeal arises out of the judgment made in ...
Tag this Judgment!Court : Chennai
Decided on : Sep-23-1983
Reported in : 1983CriLJ1748
ORDERRatnavel Pandian, J.1. This revision is preferred by accused 1 to 4 in Crime No. 49/81 of Ponneri Police Station, registered under Sections 448, 341 and 323, I.P.C. challenging the legality of the order passed by the learned Judicial Second Class Magistrate, Ponneri, before whom the abovesaid case is pending, rejecting the prayer of the accused in Crl. M. P. No. 1216/82 seeking the stoppage of further proceedings in the matter on the ground that the investigation in that case, which is a summons case, had not been concluded within a period of six months from the date of their arrest, as contemplated under Section 167 (5), Cr. P. C and seeking an order striking off the charge-sheet and discharging the accused.2. The learned Magistrate has dismissed the said application on the following grounds, viz., (1) that the perusal of the charge-sheet discloses that the occurrence took place on 2-3-1981 and that the investigating officer had completed his investigation by 6-5-1981, (2) that t...
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