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SLP � Relevant section of CBEC
Circular No. 35 dated 10th May
2000
It is directed to
invite attention to your letter F.NO. VIII/ 7/ SLP/ SC. CUS-98, dated 29th
March, 2000 (copy enclosed), regarding filing as SLP in Supreme Court in a
criminal matter. This case does not relate to either Director (Legal) or to
Deputy Secretary (Customs), but to DS (AS). In the process, there has been a
delay in examination of the papers.
2. All
offence cases booked under the Customs Act, including interpretation of
provisions relating to search, seizure, arrest and prosecution are handled by
Anti Smuggling Unit and may be sent directly to DS (AS) to avoid delay.
3. Similarly, all
Customs case arising out of CEGAT decisions are haled be Dir (Jud)/ Us (Jud).
4. All other Customs
cases are handled by DS (CUS)/ US/ (CUS � VI).
Enclosure:
Office of the Commissioner of Customs:
Gujarat: Ahmedabad " Custom House" Near All India Radio,
Ashram Road
Ahmedabad � 380009
F.NO. VIII/
17-43/ SLP/ SC/ CUS/ 98
Ahmedabad, Dated.
29th March 2000
To
Shri Amitabh
Hajela
Director (Legal)
Government of
India
Ministry of
Finance
Department of
Revenue
Shri Amithab
Hajela
Central Board of
Excise and Customs
Legal Cell
New Delhi
Filing of
appeal in the Supreme Court of India order passed by Gujarat High Court dated
09/ 12/ 1999 in the case of LinderFrank Wolfgang of Germany in CMA No. 643/
1999
Please refer to
your letter F.No. 276/ 1/ 2000-CX.8Z, dt 23rd March, 2000 on the
above subject.
As directed, the
original certified copy of the judgement and the legible copy of the additional
C.G.S.C. opinion alongwith the brief facts of the case are enclosed herewith.
It is felt that
the decision rendered by the Hon�ble High Court in the present appeal has far
reaching repercussions as it has virtually curtailed the power of Union of India
in case of appeal of enhancement of the sentence under section 377 ( 2 ) of the
Code of Criminal Procedure. It is there fore, requested that necessary action
may be immediately taken for filing SLP against this order of Hon�ble High
Court in the aforesaid appeal.
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