Wait...

Online Export Import Data Search Search

Complete Training Video : Click Here

Arrest and Prosecution Sections 13 and 18 of Central Excise Act, 1944, the Departmental Adjudication, prosecution may also be launched under Section 9 of the Central Excise Act, 1944.


PART II
ARREST AND PROSECUTION

  1. Arrest

    1.1 Provisions for arrest are contained in Sections 13 and 18 of Central Excise Act, 1944. These provisions provide for power to arrest, searches and arrests how to be made, disposal of persons arrested, procedure to be followed.

    1.2 Any Central Excise Officer not below the rank of Inspector can arrest any person under Section 13 whom he has reason to believe that he is liable to punishment under the Central Excise Act. In normal circumstances, prior approval of Commissioner will be taken before arresting a person.

    1.3 The arrested person shall be produced before the Jurisdictional Magistrate or the Chief Judicial Magistrate, as the case may be, within twenty-four hours of the arrest.

    1.4 Power to grant bail is normally to be exercised by a Jurisdictional Magistrate.
  2. Prosecution

    2.1 Besides the departmental adjudication, prosecution may also be launched under Section 9 of the Central Excise Act, 1944 for the offences under Section 9(1) of the Act. As per provisions of Section 9AA prosecution may be launched against any person, Director, Manager, Secretary or other officers of a company or partner/ proprietor of the firm, who is responsible for the conduct of the business of the company/firm and is found guilty of the offences under the Central Excise Act/Rules.

    2.2 Section 9 of the Central Excise Act, 1944, provides for prosecution of offenders in a court of law and prescribes a minimum imprisonment of six months. However, in cases where the duty involved is more than one lakh or the offender has been convicted previously under this section, the court can award maximum imprisonment for a term not exceeding seven years.

    2.3 Prosecution proceedings in a Court of Law are generally initiated after departmental adjudication of an offence has been completed. However, prosecution may be launched even where adjudication is not complete.

    2.4 Generally, the adjudicator should indicate whether a case is fit for prosecution, though this is not a necessary pre-condition.

    2.5 Confiscation and penalty in departmental adjudication and prosecution in criminal proceedings are independent and do not amount to double jeopardy.

    2.6 Prosecutions are launched in cases of serious nature and where sufficient evidence to prove fraudulent intention is available. Under executive instructions the Chief Commissioner of Central Excise or in specified cases the Director General of Central Excise Intelligence, has power to sanction prosecution.

Get Sample Now

Which service(s) are you interested in?
 Export Data
 Import Data
 Both
 Buyers
 Suppliers
 Both
OR
 Exim Help
+


What is New?

Date: 15-09-2017
Notification No. 28/2015-2020
Export Policy of Pulses – Removal of prohibition on export of Pulses (Toor dal, Moong and Urad) till further orders – regarding

Date: 14-09-2017
Public Notice No. 25/2015-2020
Amendments in SION H-331 for export product “Toothbrushes” –reg In

Date: 14-09-2017
Notification No. 86/2017 - Customs (N.T.)
Amendment to notification no 82/2017-Cus (N.T.) dt 24.08.2017 and notification no 85/2017-Cus (N.T.) dt 07.09.2017

Date: 12-09-2017
No. 44/2017-Customs (ADD)
Seeks to impose anti-dumping duty concerning imports of "Ammonium Nitrate"originating in exported from Russia, Indonesia, Georgia and Iran.

Date: 11-09-2017
Notification No. 31/2017-Central Tax
Seeks to extend the time limit for filing of GSTR-6.

Date: 11-09-2017
Notification No. 30/2017-Central Tax
Seeks to extend the time limit for filing of GSTR-1, GSTR-2 and GSTR-3.

Date: 11-09-2017
Notification No. 5/2017- Compensation Cess (Rate)
Seeks to amend notification No. 1/2017- Compensation Cess (Rate), dated 28th, June, 2017 so as to increase the Compensation Cess rates on cigarettes as mentioned in the notification with effect from 18th, July, 2017

Date: 07-09-2017
Notification No. 74/2017-Customs
seeks to further amend notification No.50/2017-Customs dated the 30th June, 2017, so as to reduce the BCD on raw sugar[1701] upto a quantity of 3 lakh MT from 50% to 25% subject to the Tariff Rate Quota Allocation Certificate or license, as the case may be, issued by DGFT.

Date: 07-09-2017
Notification No. 85/2017 - Customs (N.T.)
Defining jurisdiction of customs officers for the purpose of audit

Date: 07-09-2017
Notification No. 84/2017 - Customs (N.T.)
Rate of exchange of conversion of the foreign currency with effect from 8th September, 2017



Exim Guru Copyright © 1999-2017 Exim Guru. All Rights Reserved.
The information presented on the site is believed to be accurate. However, InfodriveIndia takes no legal responsibilities for the validity of the information.
Please read our Terms of Use and Privacy Policy before you use this Export Import Data Directory.

EximGuru.com

C/o Infodrive India
E-2, 3rd Floor, Kalkaji Main Road
New Delhi - 110019, India
Phone : 011 - 40703001